The European Commission?has warned the top two smartphone makers to stop filing patent suits against each other with the aim of putting an end to patent war, and open the market to a more free competition.
Reports said that Samsung and Google?s Motorola will not be permitted anymore to ignite new ?patent wars? against Apple over the issue of the use of essential mobile technology. This is after the EU in Brussels rules that such acts of Samsung and Motorola were anti-competitive, stifled innovation and hurt consumers.
The European Commission on Tuesday said that Motorola breached antitrust rules for abusing its dominant position over a wireless patent, while EU in Brussels said that it had reached a deal with Samsung after it agreed to stop patent injunctions against its rivals for using technology.
The European Union anti-trust enforcer is hoping that Samsung will keep its promise not to seek injunctions against its rivals.
“The so-called smartphone patent wars should not occur at the expense of consumers. This is why all industry players must comply with the competition rules. Our decision on Motorola, together with today’s decision to accept Samsung’s commitments, provides legal clarity on the circumstances in which injunctions to enforce standard essential patents can be anti-competitive,? said Joaqu?n Almunia, Commission Vice President in charge of competition policy.
The European Commission expects that their decision will also contribute to ensuring the proper functioning of standard-setting in Europe.
Almunia added that implementers of intellectual property standards should also get access to standardised technology on fair, reasonable and non-discriminatory terms. By preserving this balance, Alumia believed that consumers will continue to have access to a wide choice of interoperable products.
The Commission said that it is abusive for Motorola to both seek and enforce an injunction against Apple in Germany on the basis of standard essential patent (SEP) which Apple had committed to license on FRAND terms and where Apple had agreed to take a license and be bound by a determination of the FRAND royalties by the relevant German court.
However, the European Commission decided not to impose a fine on Motorola. The Commission said that there is no case-law by the European Union Courts dealing with the legality under Article 102 TFEU of SEP-based injunctions and that national courts have so far reached diverging conclusions on this question.
(Photo courtesy of http://www.apple.com/creativity-apps/ios/)