EU criticised Google mobile over patent abuse

Motorola Mobility was warned by EU for abusing its dominant market position against Apple.

07:55 08 May 2013

European regulators criticised Motorola Mobility, a Google-owned firm, for abusing its dominant market position against rival Apple. This is after it sought a sales injunction against competitor despite Apple’s willingness to cooperate.

The dispute, which is related to data transmission technology, dates back to February 2012. Apple reportedly offered Motorola monetary compensation to use the patent in its devices. However, the two giant companies were not able to agree on a price.

EU regulators called Google Mobile’s action “abusive.”

A statement from the EU Competition Commission reads: "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 licence on fair, reasonable and non-discriminatory terms."

Motorola defended its action saying it followed protocol in its lawsuit against Apple. Its statement reads: "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 recognised them as a willing licensee."