Published: 1/13/15In this decision, the European Commission determined that Motorola Mobility abused its dominant position under European competition law by seeking and enforcing an injunction against Apple for infringing a FRAND-encumbered SEPs. The Commission explained that FRAND commitments are designed to ensure effective access to a standard for all market [...]
Published: 1/13/15Publication: European CommissionIn announcing enforcement actions involving the invocation of injunctive relief by two holders of FRAND-encumbered SEPs, the European Commission stated that “it is anti-competitive to use injunctions in relation to SEPs in the following circumstances: when in a standardisation context, a SEP holder has committed to license [...]
Published: 1/13/15In announcing enforcement actions involving the invocation of injunctive relief by two holders of FRAND-encumbered SEPs, the European Commission stated that "it is anti-competitive to use injunctions in relation to SEPs in the following circumstances: when in a standardisation context, a SEP holder has committed to license the SEP [...]
Published: 1/13/15As part of its statement, the U.S. Federal Trade Commission noted that “a SEP owner [has] the ability to demand and obtain royalty payments much higher than might have been available prior to adoption of the standard because these rates need not be based on the true market value [...]
Published: 1/13/15This article contains a useful survey of FRAND decisions outside the United States as of mid-2013. The article notes: "With some exceptions, courts worldwide have been robustly enforcing FRAND and disclosure commitments in disputes regarding SEPs to ensure the integrity of the standard setting process and to protect against [...]
Published: 1/13/15In this statement, the FTC explained the potential of FRAND abuse to facilitate hold-up of standard implementers. The Commission stated that “incorporating patented technologies into standards also has the potential to distort competition by enabling SEP holders to use the leverage that they may acquire as a result of [...]
Published: 12/17/14The KFTC’s revised guidelines on abuse of IPRs indicate that the following licensing practices by the holder of standard essential patents (SEPs) may be deemed to be abusive: Coercing the licensee to accept a license of a non-SEP as a condition for the licensing of a SEP; Not disclosing [...]
Published: 12/2/14 In this decision, the Court of Appeals for the Federal Circuit reviewed a trial court’s decision upholding a jury award of $0.15 for three Wi-Fi SEPs. The Court of Appeals held that the trial court had not instructed the jury properly and reversed the damages award. In particular, [...]
Published: 11/26/14Read More
Published: 11/21/14Read More