Published: 4/29/14
The European Commission accepted commitments from Samsung not to seek injunctions with respect to FRAND-encumbered SEPs for smartphones and tablets against licensees that agree to a licensing framework. These commitments resolved allegations in a Statement of Objections issued by the Commission to Samsung in which the Commission expressed its preliminary view that Samsung’s invocation of injunctive relief against Apple for infringing mobile telephony SEPs constituted an abuse of a dominant position. The licensing framework accepted by the Commission will give licensees the choice of having the FRAND rate determined by a court or an arbitral tribunal. The Commission’s decision explaining the commitments iterated the same principles that the Commission articulated in connection with its abuse of dominance action against Motorola.