EU Commission Intervenes in Mobile Patent Wars: End of Injunctive Relief for Infringement of 'Essential' Patents?

摘要

As the mobile patent wars rumble on, the European Commission has weighed in, potentially signalling the end for injunctive relief as a remedy for infringement of standard essential patents (SEPs). The Commission announced in early May that it had sent a preliminary antitrust ruling to Google's wholly owned subsidiary, Motorola Mobility, alleging that it has abused its dominant position in breach of Article 102 of the Treaty of the Functioning of the European Union (see "EU Commission Informs Motorola Mobility of Suspicion of Antitrust Law Infringement" [27 WIPR 10, 6/1/13]). The Commission rebuked Motorola for seeking an injunction against Apple in the German courts, based on alleged infringements of certain GPRS (often known as "2.75G") SEPs. Whilst the law in this area remains in flux, the use of injunctions to enforce SEPs looks to be increasingly hazardous for right holders.