2nd UPDATE: EU Opens Probe Into Motorola Mobility Patent Holdings
03 Aprile 2012 - 9:42PM
Dow Jones News
The European Union delved deeper into the global smartphone
patent wars, saying it will open two investigations into whether
the way Motorola Mobility Holdings Inc. (MMI) licenses its
intellectual property violates antitrust rules.
The investigations, which the bloc's antitrust regulator
announced Tuesday, will asses whether Motorola abused some of its
standard-essential patents to distort competition following
complaints from Apple Inc. (AAPL) and Microsoft (MSFT).
The move marks the latest attempt by government regulators to
wade into the patent battles that have pitted the world's largest
technologies against one another in court rooms around the globe.
The companies have fought over patents for features such as search,
and technologies such as wireless communications in attempts to
either stymie one another's success or take some share of their
profits.
At issue, regulators said, is whether Motorola has used some of
its patents to seek injunctions against Apple and Microsoft's
flagship products, such as the iPhone and Xbox. Those patents,
Motorola says, are considered essential for creating
standards-based devices, such as smartphones that can connect to 3G
wireless systems or devices that can play specific type of
videos.
In addition, the commission said it will assess allegations from
Apple and Microsoft that Motorola offered unfair licensing
conditions for its standards-essential patents.
When patents are considered part of a standard, they are
expected to be licensed under fair, reasonable and
non-discriminatory terms, commonly referred to as Frand. A central
argument of both Apple and Microsoft's cases with Motorola has been
that its demands have not followed those rules.
Apple in particular has become a vocal critic of standards-based
patents, sending a letter to a European standards body asking for
an overhaul of Frand agreements and a framework for how those
patents are licensed. In particular, Apple has argued that no
companies should seek injunctions over standards-essential patents,
a sentiment that has been mirrored by its peers, including
Microsoft.
Microsoft also has said that Motorola's efforts to license its
video technologies, which have become widely used across the
Internet, could "kill" Web video.
Apple and Microsoft declined to comment further.
Motorola said it has kept its Frand commitments.
Motorola "is confident that a thorough investigation will
demonstrate that it has honored its FRAND obligations and complied
with antitrust laws," a company spokeswoman said. She added that
the company "will continue to work closely with the European
Commission to resolve this matter as soon as practicable."
This isn't the first time the EU has launched an investigation
over patents. Last month, the European Commission said it would
investigate Samsung Electronics Co. (SSNHY, 005930.SE) over similar
concerns.
The commission's move comes after regulatory officials in the EU
and the U.S. Justice Department approved Google Inc.'s (GOOG) $12.5
billion bid to buy Motorola Mobility. When the deal was first
announced in August, Google said Motorola would leave the Mountain
View, Calif., search giant with thousands of patents to use as
protection in legal cases against smartphones made using its
Android mobile operating system.
When approving the deal, European and U.S. regulators both said
recent arguments over standards-essential patents had concerned
them, saying they will monitor how Google and others use these
patents in their ongoing legal battles.
Google is still awaiting an additional round of scrutiny by
China's antitrust agency, which could delay approval of the
deal.
"We haven't finalized our acquisition of Motorola Mobility, but
will work with the European Commission to answer any questions they
might have," a spokesman for Google said. "We have longstanding
concerns about patent abuses, including lawsuits and royalty
demands targeting the Android ecosystem."
The commission has been stepping up its surveillance of this
area as the stakes have risen. Samsung has had to remove some
models of its Galaxy tablet from the market in Germany after Apple
said they infringed the patents of its iPad.
Last week, the EU's antitrust chief slammed the behavior of
mobile companies. "Let me take the ongoing patent wars in the
mobile-phone industry as an example," EU Competition Commissioner
Joaquin Almunia said in a speech in Washington. "In some cases, the
holders of standard-essential patents can effectively hold up the
entire industry with the threat of banning the products of
competitors from the market."
"I don't need to tell you that this is unacceptable," he added.
"I am determined to use antitrust enforcement to prevent such
hold-up by patent holders."
-By Ian Sherr and Frances Robinson, Dow Jones Newswires;
415-439-6455; ian.sherr@dowjones.com
--Steven D. Jones contributed to this article.
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