The Fifth Circuit has held that a standard setting consortium’s decision not to include Golden Bridge Techonologies patent in a cell phone related standard, by itself, cannot constitute an unreasonable restraint on trade. By its very nature, the court held, a standard setting organization must select some patents and reject others. Absent evidence of anticompetitive effects beyond that inherent in the adoption of a standard, the decision to accept or reject a particular patent is not an unlawful restraint.