Law and Innovation

This article originally appeared on  IP Flow  at  http://mimesislaw.com/category/ipflow   The European Commission (EC) antitrust team and Google are continually at loggerheads. The latest: a   formal antitrust complaint   over Android and another separate complaint on prioritization of shopping search results. This investigation is the second major case between the two frenemies.     What’s going on ? The EC is claiming that Google has abused its dominant position by imposing restrictions on Android device manufacturers and mobile operators and by promoting its services and apps. To be in a dominant position in Europe is not in itself illegal, but the company has a special responsibility to ensure that its conduct does not distort competition ( Article 102 TFEU ). What kind of business practices the EC is objecting to ? As explained in the  complaint , Google breaches EU antitrust rules by: “Requiring manufacturers to pre-install...

Fresh and interesting article posted on The New York Times  about the third antitrust lawsuit Apple is facing on December 2 this y: "The Apple iPod iTunes Anti-Trust Litigation". U.S. District Court Judge Yvonne Gonzales Rogers is presiding over the case. Happy reading! "SAN FRANCISCO — Three years after his death, Steve Jobs is very much a presence in courtrooms across the country. And that’s not necessarily good news for Apple. In December, the company is set to go to trial in the third major antitrust lawsuit it has faced since Mr. Jobs died. His emails will play an important role in the case, as they did in the last two. But lawyers will probably have to work hard to give his statements a positive spin. The potential damages — around $350 million — are a pittance for a company that in its last quarter had an $8.5 billion profit. Executives are often told by their lawyers to be careful what they put in writing for fear it will end up as evidence in a courtroo...

Fresh and interesting memo posted on the European Commission's website about frequently asked questions concerning these antitrust decisions on standard essential patents (SEPs) - Motorola Mobility and Samsung Electronics. I also recommend you this   Beginner's Guide To Standards-Essential Patent, Standard-Developing Organizations And [F]RAND Terms In The Smartphone Patent Wars. Happy reading and learning!  " What is an injunction? An injunction is a court order aimed at preventing the continuation of a patent infringement. Generally, it includes the prohibition to sell the product infringing the patent. Such injunctions can be preliminary – as a precautionary measure typically for the time of the assessment of the case on the merits by the court. Injunctions can also be permanent as a result of the decision on the merits by a court. What is a standard essential patent (SEP)? SEPs are patents essential to implement a specific industry standard.  Thi...