Category: IP-related competition matters
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Supreme Court of India to decide on national antitrust authority jurisdiction over patent disputes
The Supreme Court of India today indicated that it will now decide an unresolved jurisdictional issue over whether the Competition Commission of India should be able to decide patent-related antitrust cases.
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Major win for ZTE as U.S. federal judge throws out Samsung’s FRAND contract/antitrust action
Samsung brought FRAND claims in multiple jurisdictions. In the UK a trial is underway, in Germany one will be held shortly, but its U.S. case has been dismissed.
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UK app developer Reincubate (Camo) files U.S. antitrust and patent lawsuit against Apple after its functionality became the Continuity Camera feature
This combined patent and antitrust case tackles a case of “Sherlocking”, meaning that Apple incorporated the functionality of a third.party app into its own products.
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UK court pivots from contract to competition law in decision claiming jurisdiction over Amazon’s FRAND action against InterDigital
The High Court of Justice for England & Wales has now published its mid-December decision rejecting InterDigital’s jurisdictional challenge to Amazon’s UK FRAND action.
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UPC threatens Amazon with initial €50M ($59M) fine, “severe consequences”, declares all UK interim licenses unenforceable, suggests EU WTO action against UK
The UPC’s Mannheim LD issued a bombshell order just before Christmas, followed by a Christmas Eve notification to the European Commission that could lead to a WTO complaint.
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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.