23.05.13 - The European Commission, Motorola, Apple, and the potential misuse of mobile phone standard-essential patents

Dear students,

in the press release of the European Commission (European Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents) you find information on the arguments, why the European Commission started investigations against Motorola on potential misuse of a dominant position. It is interesting and confusing, to put it mildly, that the potential misuse consists of  Motorola starting a legal case against Apple on the account of patent infringement in Germany, and in particular of requiring an injunction (Unterlassungsverfügung). The German case was decided by the Landgericht Mannheim in favor of Motorola! (See here for a newspaper report and the judgement).  The court found that Apple infringed Motorola's patents. But here comes the Commission to save Apple.