June 2014

Publication: Patent enforcement as a breach of antitrust law. The Samsung and Motorola decisions adopted by the EU Commission

In the July edition of the IP journal "GRURInt", Tilman Müller and Volkmar Henke discuss the recent decisions by the EU Commission on the enforceability of standard essential patents. The Commission is trying once again, prompted by the specific cases of Samsung and Motorola, to limit the extent to which patent proprietors may seek and enforce injunctions in certain scenarios (particularly in the mobile communications industry) and creates - in its own words - a "safe harbour" for infringers of standard essential patents.

Whether the rationale for these decisions can prevail will also be decided in a similar case currently pending at the European Court of Justice. However, the recent decisions already have immediate and profound implications for licensing and judicial practice. Tilman Müller and Volkmar Henke appear to be the first in Germany to explain and (critically) analyse the current situation.

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