S. Han, here.
Monday, May 06, 2013
EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
Press Release, here.
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Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
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Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
Copyright in the Digital Era: Building Evidence for Policy
US National Research Council of the National Academies, here.
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J. Ryan, here .
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A. Bradford, A. Chilton, and K. Linos, here .
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Bloomberg, here.
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C. Pattison et al., here.
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PerkinsCoie, here.
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FE, here. That was soon after South Korea's decision to dump its DMA too. Big Tech in Asia is likely celebrating, with Trump's sup...
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ARD, Tagesschau hier.
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DuckDuckGo, here.
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An Indian undertaking filed an antitrust case against Google 15 y. ago and the case is still ongoingFrom this interesting India ASCOLA webinar, hopefully recording available soon. Why was their DMA "frozen"?