European Union (EU) officials have slammed Google-owned Motorola Mobility for filing a patent injunction against Apple, saying the company abused its position
The injunction caused several products including the iPad and several models of the iPhone to be removed from sale on Apple’s German website.
Motorola had filed and won an injunction in February 2012 over Apple products that were using patents relating to data transmission technology, reports the BBC.
Apple had offered to pay a licence fee for use of the patents, but the two giant telecommunications companies could not agree on a price.
According to the EU Competition Commission, Motorola sought an injunction despite Apple’s willingness to enter into an agreement with them.
“While recourse to injunctions is a possible remedy for patent infringements, such conduct may be abusive where standard-essential patents are concerned and the potential licensee is willing to enter into a license on fair, reasonable and non-discriminatory terms,” the commission said in statement.
Joaquin Almunia, EU Competition Commissioner, added: “The protection of intellectual property is a cornerstone of innovation and growth. But so is competition.
“I think that companies should spend their time innovating and competing on the merits of the products they offer – not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice.”
The dispute between Motorola and Apple revolves around the use of standard essential patents (SEPs), known to be essential to the operation of standards such as mobile phone signal.
This particular case revolved around Motorola’s innovation is seen as crucial to the GPRS data transmission standard used by GSM cellular networks all over the world.
At this time the commission’s take is only preliminary and Motorola was given a chance to defend itself.
Motorola spokeswoman Katie Dove told AFP: “We agree with the European Commission that injunctions should only be sought against unwilling licensees and, in this case, Motorola Mobility followed the procedure established.
“Apple had to make six offers before the court recognized them as a willing licensee.”
