EU Presses Motorola Mobility Over Patent Licensing – Wall Street Journal – News Journal Blogs

BRUSSELS—European Union regulators weekday issued a conventional upset against radiotelephone concern Motorola Mobility, over the Google Inc. unit’s effort to oblige a papers enjoinment against Apple Inc. in Germany.

The dweller Commission said Motorola’s actions finally harmed consumers, after the consort wanted suite injunctions against Apple over the ingest of its patents, instead of right licensing the profession to its rival. Motorola today has octad weeks to state to the so-called evidence of objections.

The housing marks the ordinal instance since New terminal assemblage that the EU has entered papers disputes involving super profession companies. In December, it issued a conventional upset against Samsung Electronics Co.’s attempts to ingest injunctions against Apple.

As the orbicular effort over patents rages, the EU has embellish a key mart where school giants are slugging it out. With Apple, Samsung, Motorola, Google, Nokia, Microsoft Corp. and others suing apiece another in jurisdictions from Calif. to South Korea, Joaquin Almunia, the EU’s just chief, has progressively flexed his restrictive muscles.

“I conceive that companies should pay their instance innovating and competing on the merits of the products they offer—not misusing their highbrowed concept rights to kibosh up competitors to the impairment of conception and consumer choice,” he said in a statement.

The dweller Commission, which acts as the EU’s just watchdog, said Motorola was creating “hold ups” as Apple had been a “willing licensee,” agreeing to the licensing cost and royalties ordered by the Teutonic suite in disagreeable to ingest patents for GPRS, a profession that is conception of the GSM accepted utilised for ambulatory communications.

It said much delays finally hampered conception and the knowledge of products prefabricated by assorted manufacturers to interoperate. Injunctions, when successful, mostly termination in a suite forbidding the understanding of the creation infringing the patent.

“We’re rattling earnestly hunting at a existence that much injunctions represent an shout of dominance,” Jonathan Todd, a authorisation spokesman, told reporters in Brussels.

The conventional upset comes after EU regulators unsealed an enquiry into the housing in Apr 2012, after they conventional protests from Apple and Microsoft. The Microsoft housing is continuing.

If institute guilty, Motorola could be punished up to 10% of its orbicular period revenue. Motorola, which makes smartphones that removed on Google’s Android software, was bought by the Cupertino, Calif., cyberspace colossus terminal assemblage for $12.4 billion.

Katie Dove, a spokeswoman for Motorola, said that patch the consort “agreed with the dweller Commission that injunctions should exclusive be wanted against loath licensees,” it had followed the procedures summary by the Teutonic Supreme Court.

Apple declined to interpret on the case.

The discourse of willingness is key to the speaking most so-called Frand patents, with Frand stagnant for “fair commonsensible and nondiscriminatory.” Under EU guidelines, owners of patents that are primary for the feat of a standard—such as 3G telecommunications—should authorise them on clean commonsensible and nondiscriminatory terms. But companies, of course, dissent on what is reasonable.

The repercussions crapper be serious, especially in Germany. The land has embellish a favourite locate to litigate these cases as products crapper be condemned soured the mart evenhandedly quickly. In digit housing terminal year, a Teutonic suite said Samsung couldn’t delude its Galaxy Tab 10.1 and small Galaxy Tab 8.9 paper computers in FRG because they reproduce Apple’s iPad.

The authorisation has launched individual cases on Frand patents recently, sending a evidence of objections to Samsung in December.

“The worst-case scenario is when a consort selection to verify a authorise for standard-essential patents on Frand cost is impact by an injunction,” Mr. Almunia said in pedagogue terminal year. “Fortunately, there is a ontogeny consensus on both sides of the ocean on the alteration that the expend of standard-essential patents crapper do to competition.”

In February, the U.S. Department of Justice said it is continuing to guardian the ingest of standard-essential patents in the wireless figure industry, specially in the smartphone and machine paper markets—and that it “will not waffle to verify pertinent enforcement state to kibosh some anticompetitive ingest of SEP rights.”

Mr. Almunia is, in a removed case, disagreeable to motion concessions from Google to come concerns that it is abusing its ascendency in the Atlantic of online see in Europe, where it commands a mart deal of more than 90%. Mr. Almunia said early this assemblage he hoped to accomplish a deciding with Google by the fall, though third-parties hit already signaled that measures planned by Google don’t go farther sufficiency to come fears that Google is compressing discover rivals in its see results.

Google has said, “We move to impact cooperatively with the dweller Commission.”

Write to Vanessa Mock at and Frances histrion at

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EU Presses Motorola Mobility Over Patent Licensing – Wall Street Journal

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