Friday, April 20, 2018
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
ZTE's Nubia Red Gaming Phone Released
LG Display's OLED Smartphone Screens Still Not Ready For Apple
Nintendo Labo Kits Now Available
June's VLSI Symposium Focuses on Next Generation Transistor Technology and MRAM
Samsung Not Interested in Nokia's Health Unit
ZTE Says Company's Survival at Risk
2nd Generation AMD Ryzen Desktop Processors Arrive to Offer Great Value
Lenovo Unveils New moto g6 and moto e5 Smartphones
Active Discussions
Which of these DVD media are the best, most durable?
How to back up a PS2 DL game
Copy a protected DVD?
roxio issues with xp pro
Help make DVDInfoPro better with dvdinfomantis!!!
menu making
Optiarc AD-7260S review
cdrw trouble
 Home > News > Mobiles > EU Regu...
Last 7 Days News : SU MO TU WE TH FR SA All News

Monday, May 06, 2013
EU Regulators Say Google-owned Motorola Abused Its Position


The European Commission (EC) said it believed Motorola Mobility, a unit of Google, was abusing its market position by seeking and enforcing an injunction against Apple in Germany over patents essential to mobile phone standards.

The Commission has informed Motorola Mobility of its preliminary view that the company's seeking and enforcing of an injunction against Apple in Germany on the basis of its mobile phone standard-essential patents ("SEPs") amounts to an abuse of a dominant position prohibited by EU antitrust rules. While recourse to injunctions is a possible remedy for patent infringements, such conduct may be abusive where SEPs are concerned and the potential licensee is willing to enter into a licence on Fair, Reasonable and Non-Discriminatory (so-called "FRAND") terms. In such a situation, the Commission considers at this stage that dominant SEP holders should not have recourse to injunctions, which generally involve a prohibition to sell the product infringing the patent, in order to distort licensing negotiations and impose unjustified licensing terms on patent licensees. Such misuse of SEPs could ultimately harm consumers. As a note, the sending of a Statement of Objections does not prejudge the final outcome of the investigation.

Commission Vice President in charge of competition policy Joaquin Almunia said: "The protection of intellectual property is a cornerstone of innovation and growth. But so is competition. I think that companies should spend their time innovating and competing on the merits of the products they offer - not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice."

Standards bodies generally require members to commit to license on FRAND terms the patents that they have declared essential for a standard. This commitment is designed to ensure effective access to a standard for all market players and to prevent "hold-up" by a single SEP holder. Indeed, access to those patents which are standard-essential is a precondition for any company to sell interoperable products in the market. Such access allows consumers to have a wider choice of interoperable products while ensuring that SEP holders are adequately remunerated for their intellectual property.

The Motorola Mobility SEPs in question relate to the European Telecommunications Standardisation Institute's (ETSI) GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. When this standard was adopted in Europe, Motorola Mobility gave a commitment that it would license the patents which it had declared essential to the standard on FRAND terms. Nevertheless, Motorola Mobility sought an injunction against Apple in Germany on the basis of a GPRS SEP and, after the injunction was granted, went on to enforce it, even when Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court.

The Statement of Objections sets out the Commission's preliminary view that under the specific circumstances of this case - a previous commitment to license SEPs on FRAND terms and the agreement of Apple to accept a binding determination of the terms of a FRAND licence for SEPs by a third party - recourse to injunctions harms competition. The Commission is concerned that the threat of injunctions can distort licensing negotiations and lead to licensing terms that the licensee of the SEP would not have accepted absent this threat. This would lead to less consumer choice.

The Commission opened the investigation in April 2012.


Previous
Next
Semiconductor Sales On The Rise        All News        Samsung Introduces the GALAXY Core
Hulu Plus Now on Windows Phone 8     Mobiles News      Samsung Introduces the GALAXY Core

Get RSS feed Easy Print E-Mail this Message

Related News
LG Display's OLED Smartphone Screens Still Not Ready For Apple
Lenovo Unveils New moto g6 and moto e5 Smartphones
LG SmartThinQ Home Appliances Get Amazon Alexa Connectivity
Apple Said to Release News Subscription Service
Google's Funding Choices For Publishers Expand in More Countries
Apple Caught Employees and Contractors Leaking Company's Unannounced Projects
Apple introduces iPhone 8 and iPhone 8 Plus (PRODUCT)RED Special Edition
Future iPhones Said to Have Touchless Controls and Curved Screens
Intel Under Pressure as Report Says Apple is Designing its Own Chips for Macs
Apple iOS 11.3 Update Brings Privacy Tools Ahead of GDPR
Low-Cost iPad For Classrooms Coming Next Week
Google Says Publishers are Responsible for Getting Users' Consent to Comply With New EU Privacy Law

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2018 - All rights reserved -
Privacy policy - Contact Us .