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May 06, 2013

European Regulators Issue Statement of Objections to Motorola Mobility over Patent Dispute

European Commission regulators have weighed in on a continuing legal battle between Google and Apple over patent disputes.

In a recent statement, the EC said that Google may have abused a “position of dominance” when it attempted to get an injunction against Apple in Germany, news reports said about a preliminary finding by the EC.

The incident relates to Google-owned Motorola Mobility and relevant patents – and may be a violation of EU antitrust regulations. The patents relate to mobile phone standard-essential patents (SEPs).

The EC has issued its statement of objections, and Motorola has eight weeks to reply, The Wall Street Journal reported.

In the Statement of Objections, the EC tells the relevant parties “of the objections raised against them and the parties can reply in writing and request an oral hearing to present comments,” the EC explained in a recent statement.

“While recourse to injunctions is a possible remedy for patent infringements, such conduct may be abusive where SEPs are concerned and the potential licensee is willing to enter into a licence on Fair, Reasonable and Non-Discriminatory (so-called "FRAND") terms,” the EC statement adds. “In such a situation, the Commission considers at this stage that dominant SEP holders should not have recourse to injunctions, which generally involve a prohibition to sell the product infringing the patent, in order to distort licensing negotiations and impose unjustified licensing terms on patent licensees. Such misuse of SEPs could ultimately harm consumers.”

There is a concern there would be “less consumer choice” as a result of the company’s actions, news reports explain.

The Journal also explained the patents relate to General Packet Radio Service (GPRS) – “used to make mobile phone calls.”

The preliminary ruling comes after a year-long investigation following a complaint filed by Apple in February 2012, according to Foss Patents blog.

If found guilty, European regulators could fine Motorola up to 10 percent of the firm’s worldwide yearly revenue.

Last year, Google acquired Motorola Mobility for $12.5 billion. Later last year, Samsung was found to be infringing on Apple patents, and Apple was awarded $1.05 billion after a lengthy and much-publicized trial held in California, MobilityTechzone reported.




Edited by Ashley Caputo


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