Posted by ipeg on November 10th, 2011
The European Commission has been pretty quiet about antitrust and licensing issues surrounding standard essential patents since the Commission ended its investigations against Rambus and Qualcomm in 2009. Both Rambus and Qualcomm were accused by its competitors of violating European Competition laws by their licensing behavior towards standard essential patents. Allegedly they misused their market dominance by demanding too high royalty rates for the licensing of patents protecting standardized technology, which necessarily must be implemented...
Posted by ipeg on April 1st, 2010
Netherlands’ The Hague District Court Orange-Book decision brings up again the discussion about the compulsory licensing defense and the role of antitrust in patent infringement proceedings. Opposing’s Germany highest court the Dutch Court denies the possibility of responding with a compulsory licensing defense in a patent infringement proceeding. How damaging is it that two major patent courts in Europe differ on such important issues? After all, we are supposed to have a harmonized European legal order in patent cases....
Posted by ipeg on December 17th, 2009
The recent European Commission decision on Rambus’ alleged antitrust behavior provides interesting insights in what royalty rates offered by Rambus can be regarded as “fair”, “reasonable” and “non-discriminatory”. The antitrust proceedings dealt with the licensing behavior of Rambus Inc. after the adoption of the DDR RAM industry standard by JEDEC. To implement the instructions of the DDR RAM standard, Rambus’ technologies – which are included in this standard – are essential. …
Posted by ipeg on November 25th, 2009
China’s standard setting organization (Standardization Administration of China, or SAC) posted a draft new patent regulation (“Regulations for the Administration of the Formulation and Revision of Patent-Involving National Standards (Interim) (Exposure Draft)”. Industry concerns, mostly from outside China have been expressed. Especially the provisions of the articles 8, 9 and 13 cause concerns that companies have to licence their IP below market value. …
Posted by ipeg on November 10th, 2009
Lately patent infringing issues arising from implementing standard compliant products are catching the news media, among which in Europe the decision in Orange-Book-Standard by the German Bundesgerichthof (BGH). In the US Nokia sued Apple for producing it top selling iPhone compliant with the telecommunication standards GSM, UMTS and the networking standard WIFI, alleging 10 Nokia patents infringed. While these patents have been licensed by 40 other companies, including all major vendors of mobile devices, only Apple has refused to agree...
Posted by ipeg on September 14th, 2009
The recent German Federal Supreme Court ruling Orange-Book-Standard (BGH, 5/6/2009 – KZR 39/06) seems to be a strong attack on one of the core features of intellectual property rights: the provision of an injunctive relief in (patent) infringement proceedings. In the context of standardized technology the Federal Supreme Court concludes that an injunctive relief is exposed to the widely known “competition law defence” under special circumstances. It may result in Germany being a NPE walhalla. However, there is light at the end of...
European IP Case Law (IPPT)