Standard essential patents (SEPs) are tricky business, as highlighted by the latest twist in the Motorola v. Apple saga. After winning a case in Germany, Motorola was granted an injunction against the Cupertino-baed company. Moto chose to enforce said injunction. Now the European Commission is stepping in to chide the Google-owned company for their decision.
The issue is that Apple is more than willing to license the technology from Motorola under FRAND (fair, reasonable, and non-discriminatory) terms, typical for patents that are derived from a standard. The EU Commission says Moto’s decision to go the route of an injunction rather than license its tech amounts to “abuse of a dominant position.” Such an abuse goes against European anti-trust laws.
The Commission is still mulling a final decision in the case on whether or not to uphold the injunction. But who are we kidding? It’s obvious where their line of thought is leading.
[via The Next Web]