Can an investigation be settled by agreement or consent order?
Yes. The Commission Rules provide that a party may move to terminate an investigation as to one or more of the respondents on the basis of a licensing or other settlement agreement, including an agreement to present the matter for arbitration. Thus, for example, a complainant in a patent-based investigation may enter into a license agreement with one of the respondents and file a motion to terminate the investigation as to that respondent. Assuming the judge and ultimately the Commission conclude that the agreement is not contrary to the public interest, the investigation may be terminated on the basis of such a motion. The Commission Rules also provide that an investigation may be terminated as to one or more respondents on the basis of a Consent Order. Consent Orders are typically entered upon the joint request of the complainant and a respondent in the form of a motion which contains the parties’ joint proposed Consent Order, but can be proffered by a respondent alone. The above is
