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FRAND licensing again at issue in the English Court: Apple launches article 102 abuse claim against Qualcomm



This article was first published in CompLaw Blog, August 2017

In May 2017, just one month after the first FRAND valuation of standard essential patents (SEPs) carried out by the English Court in Unwired Planet v. Huawei EWHC 711 (Pat), Apple filed Particulars of Claim against Qualcomm in the Patents Court. As well as seeking the revocation of a number of Qualcomm patents, Apple claims that Qualcomm has abused its dominant position in the markets for LTE, CDMA and UMTS chipsets, in a number of respects, most notably by failing to offer a fair, reasonable and non-discriminatory (FRAND) licence for its SEPs. If the case proceeds, it will again draw the Court’s attention onto FRAND licensing.

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