Apple’s Complaint to the KFTC Concerning Samsung’s Request for Injunctive Relief
Published: 2/26/14
In March 2012, Apple submitted a complaint to the Korea Fair Trade Commission (KFTC) contending that Samsung’s request for an injunction for FRAND-committed patents violated the MRFTA. (See Judicial – Korea page for a summary of the litigation over injunctive relief.) In February 2014, the KFTC concluded that Samsung had not violated the MRFTA because it found that Apple had not engaged in good faith licensing negotiations.[1] This decision was the KFTC’s first case […]
Competition Commission of India Order Against Ericsson Based on Intex Complaint
Published: 1/16/14
In a preliminary opinion directing an investigation based on a second complaint by Intex against Ericsson, the Competition Commission of India repeated the same preliminary conclusions that it expressed in directing the first investigation of Ericsson due to allegations by Micromax. A summary of the first complaint and related CCI investigation is posted on the web site.
Prepared Statement of the Federal Trade Commission Before the United States Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights Concerning “Standard Essential Patent Disputes and Antitrust Law”
Published: 7/30/13
In 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 the standard setting process to negotiate higher royalty rates or other favorable terms after the standard is adopted than they could have credibly demanded beforehand. This is […]
In re Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers
Published: 5/20/13
This investigation by the U.S. International Trade Commission (ITC) was based on a complaint filed by Samsung against Apple regarding alleged infringement of several of its patents on smartphones and tablets. Apple asserted that Samsung was precluded from seeking any form of injunctive relief (such as a cease-and-desist or an exclusion order) because it had committed to license the patents at issue on FRAND terms, and that its failure to disclose two of the patents to […]
Motorola Mobility LLC
Published: 1/3/13
The U.S. Federal Trade Commission settled charges that Google’s Motorola Mobility Division violated the Federal Trade Commission Act by seeking injunctions and exclusion orders against willing licensees of its FRAND-encumbered SEPs. The settlement provides for the establishment of a dispute resolution mechanism to adjudicate FRAND rates and bars the respondents from seeking an injunction during the pendency of the FRAND proceedings, including any appeals. In an analysis of the settlement, the FTC explained that “courts have […]
U.S. Department of Justice and U.S. Patent & Trademark Office, Policy Statement On Remedies For Standards-Essential Patents Subject To Voluntary F/RAND Commitments
Published: 1/8/13
In this joint statement, the U.S. Justice Department’s Antitrust Division and the Patent and Trademark Office addressed the benefits of collaborative standards development through standards organizations and the risks to competition associated with patent hold-up, which may occur after standardization. According to the statement, “when a standard incorporates patented technology owned by a participant in the standards-setting process, and the standard becomes established, it may be prohibitively difficult and expensive to switch to a different technology […]