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ARTICLE · 07 MAY 2014

Focus Antitrust 30 Apr

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The Commission has adopted decisions in the Motorola and Samsung cases relating to the enforcement of standard essential patents (SEPs).

United KingdomAntitrust/Competition Law
Paul Stone
Paul Stone
Elora Mukherjee
Elora Mukherjee

In the News

European Commission issues Motorola and Samsung decisions on standard essential patents

The Commission has adopted decisions in the Motorola and Samsung cases relating to the enforcement of standard essential patents (SEPs). The two decisions relate to how EU competition rules apply in a situation where a licensor has committed to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and then seeks an injunction preventing their use. The decisions confirm the Commission's view that the seeking of an injunction in this situation may amount to the abuse of a dominant position when the potential licensee is willing to enter into a licence on FRAND terms. In the Motorola case, the Commission concluded that a potential licensee is to be considered willing if, in case of dispute, it agrees to a determination of FRAND terms by a Court. As the potential licensee had agreed to such a determination in that case, Motorala was held to have

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