EPLAW Patent Blog

EU - Commission consults on review of rules applicable to horizontal co-operation agreements / standard-setting arrangements

"The European Commission has published draft Regulations and Guidelines for the assessment of co-operation agreements between competitors, so called horizontal co-operation agreements. The objective of these proposals is to update and further clarify the application of competition rules in this area and to ensure their continuing relevance in the changing economy of today. Interested parties can submit comments until 25 June 2010. After the public consultation and taking full account of stakeholder input, the Commission will adopt final texts at the end of this year. [...]

"A key issue addressed are standard-setting arrangements. Standards are becoming increasingly important in facilitating innovation (in particular in the IT sector) but an efficient, open and transparent standard-setting process is key to ensure effective competition. In particular, the revision of the standardisation chapter – drawing on recent case related experience in the field – aims at ensuring that standards are set in such a way that the specific benefits of standard-setting are realised and passed on to European consumers."

Read the complete press release and draft Regulations and Guidelines here.

UK - Nokia v. IPCom (GSM/UMTS)

Nokia GmbH v. IPCom GmbH & Co. KG and IPCom GmbH & CO. KG v. Nokia UK Limited and Nokia OYJ (Nokia Corporation), Invalidity and infringement proceedings (GSM, UMTS), High Court of Justice, Chancery Division, Patents Court, The Hon Mr Justice Floyd, London, UK, 18 January 2010, Case No. [2009] EWHC 3482 (Pat)

These proceedings concern two patents in the name of IPCom. IPCom sued Nokia for infringement of both patents.  The proceedings are part of a larger battle between the parties.  Licensing and infringement litigation commenced in Germany between a Nokia company and IPCom when licensing negotiations between the companies broke down.

The two patents in this case relate to cellular mobile phone technology. European Patent (UK) No. 540 808 (“808”), is concerned with the way in which the mobile phone synchronises itself with the transmissions it receives from the base station.  The second of the patents, European Patent (UK) No. 1 186 189 (“189”), is concerned with management of the right of the mobile phone to connect to the network.

The court concludes that the 808 Patent is invalid for obviousness over the GSM recommendations, and also over both Baier and D’Avella when combined with common general knowledge.  Had it been valid it would have been infringed by the 6300.  808 is not essential to the GSM standard. The 189 patent is invalid. Had it been valid it would have been infringed by both the N96 and the New Device. 189 is essential to the operation of UMTS. 

Read the judgment (in English) here.