FTC fears using the ITC as a forum in patent disputes hinders innovation

Consistent with the warning shot fired in 2011 with the publication of their The Evolving IP Marketplace:  Aligning Patent Notice and Remedies with Competition (see Free Resources tab here), the U.S. Federal Trade Commission (FTC), under the leadership and watchful eye of Chairman Jon Leifowitz, filed a brief with the International Trade Commission (ITC) yesterday stating that allowing Motorola Mobility to use their standards-essential patents to stop imports of others’ products (Microsoft’s Xbox and Apple’s iPhone) would be anticompetitive. Bloomberg reports, “The FTC’s position would limit the power of companies like Motorola Mobility, Samsung Electronics Co. and InterDIgital Inc. to use the ITC as a forum in patent disputes.”