EU Commissioner Warns Essential Patent Bans May Be Abusive

Law360, New York (June 22, 2012, 3:17 PM EDT) -- Companies that try to leverage the threat of injunctions to win higher licensing fees for their standard-essential patents may well run afoul of European Union antitrust law, the bloc's competition chief said Friday.

While the European Commission is still developing the doctrine on the abuse of those kinds of patents — which have been incorporated into industry standards and therefore are supposed to be licensed on a fair, reasonable and nondiscriminatory basis — in the information technology industry, Competition Commissioner Joaquin Almunia warned that pursuing injunctions...
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