Category: IP-related competition matters
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SAP files patent infringement counterclaims against Celonis’s U.S. antitrust case, using patents as sword AND shield; overlap with UPC action
Meanwhile the Federal Cartel Office of Germany is contemplating an antitrust inquiry into SAP’s practices regarding data access.
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European Commission’s “reality check” shows patent pools and SEP licensors have concerns over unworkable and overreaching rules
The European Commission is trying to revive the spirit of the failed EU SEP Regulation through competition law guidance.
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LEAK: ETSI chief to make key decision on Samsung’s push to kick out ZTE on Tuesday or shortly thereafter
Premium content: the minutes of a recent meeting that ETSI held with representatives of Samsung and ZTE to discuss the former’s request to expel the latter from standardization.
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U.S. deputy antitrust chief: EU Commission’s comfort letter to Licensing Negotiation Group “concerning and unusual”, irreconcilable with competition law principles
Deputy Assistant Attorney General Dina Kallay gave strong and clear answers to questions from the audience, including ip fray, at a hybrid SEP conference today.
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European Commission’s competition watchdogs present patent pool-related market power theory that makes zero sense
DG COMP’s market power theory concerning SEP pools has no support in logic, reason, fact or the case law of the European Court of Justice.
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European Commission proposes condoning group boycott by implementers of standards for six months: licensing negotiation groups
The European Commission’s Directorate-General for Competition (DG COMP) today started consultations for its technology transfer guidelines.
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Supreme Court of India sidesteps patent-related questions in SEP as well as pharma contexts by declaring cases moot
The Supreme Court of India shows little appetite for patent and patent-related cases, looking for ways to declare cases moot rather than addressing legal issues.
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Patent assertions are off limits for antitrust watchdog: Supreme Court of India throws out appeal of Ericsson’s Delhi HC win
The Supreme Court of India affirmed a 2023 decision by the Delhi High Court in Ericsson’s favor, which held that the Competition Commission of India cannot investigate patent assertions.
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EU Commission issues comfort letter to Automotive Licensing Negotiation Group: officially policy-driven competition (non)-enforcement
Context: About a year ago, the Bundeskartellamt (Federal Cartel Office (FCO) of Germany) granted what we called an unprecedented cartel clearance to an Automotive Licensing Negotiation Group (ALNG) for standard-essential patents (SEPs) consisting mainly of the three major German automotive groups (June 10, 2024 ip fray article). Pool administrators and SEP holders doubt that an…
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SEP news: HMD has withdrawn its EU antitrust complaint against VoiceAge EVS, which has just won another Munich injunction against OPPO
Besides the withdrawal of HMD’s complaint, a public redacted version of a Mannheim judgment vindicates VoiceAge’s FRAND licensing conduct. And pressure is mouting on OPPO.