Qualcomm, Inc., Administrative Penalty Decision of the National Development and Reform Commission of PRC
Published: 2/9/15
No available links. The Summary is based on unofficial English translations.
In this decision, China’s National Development and Reform Commission (“NDRC”) determined that several aspects of Qualcomm’s licensing of telephony SEPs constituted an abuse of a dominant position. The NDRC imposed a fine of RMB6.088 (~US$975 million) and ordered Qualcomm to discontinue the practices that NDRC found unlawful. The specific practices deemed to be unlawful were: (1) charging royalties for expired SEPs, (2) conditioning SEP licenses on […]
Letter from Renata B. Hesse, Acting Assistant Attorney General in U.S. Department of Justice, to Michael A. Lindsay, counsel for IEEE
Published: 2/2/15
This Business Review Letter (“BRL”) affirms the U.S. Justice Department’s intention not to challenge on antitrust grounds the proposed revisions to the IEEE’s patent policy (“IEEE Revisions”). The IEEE’s revisions concern the terms of letters of assurance (“LOAs”) through which participants in IEEE-SA standards development make licensing commitments on a RAND basis. After analyzing the following four key concepts in the IEEE Revisions, DOJ concluded that they were consistent with U.S. law and would not harm […]
KFTC Guidelines on the Unreasonable Exercise of Intellectual Property Rights
Published: 12/17/14
The 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 patents applied for or registered to increase the possibility of one’s technology being standardized or to avoid prior consultations on license conditions;
- Unreasonably refusing to license […]
Case No. AT.39939, Samsung
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 European Commission finds that Motorola Mobility infringed EU competition rules by misusing standard essential patents
Published: 4/29/14
The European Commission determined that “Motorola Mobility’s seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent SEP) constitutes an abuse of a dominant position prohibited by EU antitrust rules.” The Commission explained that FRAND commitments are “designed to ensure effective access to a standard for all market players and to prevent ‘hold-up’ by a single SEP holder.” The Commission determined that seeking an injunction […]
Case AT.39985 – Mororola – Enforcement of GPRS Standard Essential Patents
Published: 4/29/14
In 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 SEP. The Commission explained that FRAND commitments are “designed to ensure effective access to a standard for all market players and to prevent ‘hold-up’ by a single SEP holder.” In agreeing voluntarily to license on FRAND terms a SEP holder foregoes the right to seek an […]