No: it's not a "legal question" in the sense to guide me. It's a "how would
this impact this other aspect of law" kind of legal question.
So the FTC
is saying "you can not seek injunctive relief unless you first do X Y
Z".
Part of what we've learned about the Law as we've followed along is
that timing is important. The general rule is:
You have to ask for what you
want to ask for in the appropriate time. If you ask too soon, you won't get it.
If you ask too late, you forfeit.
Now the interesting question:
What
happens if the FTC guidelines end up pushing the timing of when (according to
the FTC anti-trust bit) you seek injunctive relief to a point that's after
(according to the particular Court) what is required by Litigation Law?
I
wonder if the FTC has considered that potential.
An SEP holder seeking
reasonable injunctive relief for an SEP may not be allowed to wait for the FTC
guidelines to take full effect before their opponent pushes them far enough in
the litigation process to make it a "seek it now or forever forget it"
situation.
"Reasonable" is obviously dependent on the total factors
involved in any given situation. Factors which don't really have a role in the
situation outlined with the potential of the FTC rules colliding with existing
Court rules.
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