Intel Suit Affects EU Intellectual Property Rights Holders

The U.K. Court of Appeal recently issued a decision, which raises the possibility of senior company executives’ intellectual property rights-holders having to justify their European intellectual property exploitation and licensing policies under the spotlight of public cross-examination in the U.K. Courts. Intel Corp. v. VIA Technologies, Inc. (Court of Appeal (Civ. Div.) Dec. 20, 2002). Intel brought two suits for patent infringement against VIA Technologies in the U.K. Patents Court. VIA raised antitrust defences to both suits (Eurodefences) based on Articles 81 and 82 of the European (EC) Treaty; the two main planks of European antitrust law. Article 81 prohibits agreements that have as their object or effect the prevention or distortion of free competition in Europe and European trade. Article 82 prohibits undertakings by those in an economically dominant market position from carrying out certain acts (termed "abuses") that are incompatible with free competition in Europe.