Monday, May 6, 2013

Antitrust - Europe: Motorola curbed on essential patents - ITespresso.fr

The European Commission estimates that Motorola Mobility, a subsidiary of Google has abused its dominant position by filing against Apple an injunction relating to the infringement of essential patents.

A new pane opens in the antitrust investigation is Google in Europe.

The search engine is the heart of the debate, but the investigations are in parallel on the mobile phone, with first Motorola Mobility , telecoms manufacturer last year became a subsidiary of the Internet Group Mountain View.

The European Commission is more focused on an injunction made against Germany to Apple , with the pattern copyright infringement on GPRS , a subset of GSM.

initiating these steps to protect its intellectual property, Motorola Mobility, whose portfolio has thousands of patents, abused its dominant position.

And for good reason: the technologies involved are considered essential. They fall under FRAND licensing for “Fair, Reasonable And Non-Discriminatory”, so that the holder is required to grant exploitation rights for lump sums.

Apple had agreed to pay the compensation, but Motorola have declined the offer, preferring to support its litigation. It is this stubbornness that problem, according to the European Commission.

In its statement of objections addressed to the parent company Google, the competition regulator said that “ patentees dominant [...] should not impose unjustified conditions on licensees [...] and indirectly to consumers “.

A similar lawsuit, filed this time against , is under investigation. It may fall within the same framework.

If an offense is proven, Motorola Mobility could be fined up to 10% of its total turnover, the conclusion of this antitrust investigation in April 2012.

charge of the case, the European Commissioner Joaquin Almunia is also working on another folder:. suspicion of distortion of competition through the Android OS

the voice of its executive vice president Eric Schmidt, Google has long chosen the path of conciliation.

This strategy has borne fruit in the United States, the prices of several concessions in the name of respect vis-à-vis the competition.

Internet Group Larry Page is committed to respect the rules of good conduct research on the Internet, online advertising … or exploitation of patents on certain market segments … as in the case Motorola.

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illustration credit: Stuart Miles – Shutterstock.com

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