EC To Probe Samsung for FRAND Abuse

Samsung’s cavalier assertion of 13 3G standards-essential patents it happens to own in its worldwide patent war with Apple has provoked the European Commission to open and prioritize a formal antitrust investigation of the Korean company for alleged FRAND abuse of ETSI-pledged patents. The regulator thinks Samsung may be distorting competition in the mobile space although so far it hasn’t got any European court to buy into its contentions and give them teeth. The EC can fine Samsung 10% of revenues. Samsung could also withdraw the suits. The EC said Tuesday it will investigate whether Samsung’s claiming Apple infringed the standards-essential patent means it’s “failed to honor its irrevocable commitment given in 1998 to the European Telecommunications Standards Institute (ETSI) to license any standard-essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory (FRAND) terms.” It will also examine whether Samsung’s behavior amounts to abuse of a dominant position. One might assume that Apple complained but the EC claims the probe is its own idea. FOSS Patents thinks the Samsung investigation may put Motorola Mobility at risk since it won an injunction against Apple based on essential-protected IP but hasn’t enforced it.

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