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: 1/13/15In 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: 1/13/15As 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: 11/26/14Read More

Published: 11/21/14Read More

Published: 11/20/14Read More

Published: 11/20/14Read More

Published: 11/20/14Read More

Published: 11/20/14This case was referred by a German court to the European Court of Justice to assess whether the invocation of injunctive relief by a holder of a FRAND-encumbered SEP may constitute an abuse of a dominant position.  The Advocate General concluded in an advisory opinion that “the commitment given [...]

Published: 10/29/14Read More