The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)

European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent (“SEP”) constituted an abuse of a dominant position in breach of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) (see also Newsletter 2/2013, p. 14, for additional background). The case concerned Motorola’s SEP relating to the European Telecommunications Standardisation Institute’s GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. Motorola had committed

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Gabriele Accardo, The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility), 29 April 2014, e-Competitions Bulletin IT & Dominance, Art. N° 66853

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