“The European Commission said that while injunctive relief is appropriate in some circumstances, in a case where patents in question are standard-essential patents (SEPs) and where a licensee is willing to negotiate a license on fair, reasonable and non-discriminatory terms, it is not,” Clarke reports. “‘Intellectual property rights are an important cornerstone of the single market. However, such rights should not be misused when they are essential to implement industry standards, which bring huge benefits to businesses and consumers alike. When companies have contributed their patents to an industry standard and have made a commitment to license the patents in return for fair remuneration, then the use of injunctions against willing licensees can be anti-competitive,’ said Joaquin Almunia, Commission vice president in charge of competition policy, in a statement.”
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MacDailyNews Take: The proper finding.