Monday 6 August 2018

De Ja Vu...all over again! Qualcomm SEP penalties




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I was reading an interesting article entitled "The Global Standards Wars: Patent and Competition Disputes in North America, Europe and Asia" by Jorge Contreras.
I was surprised to read how many actions have been taken against Qualcomm for repeated misuses of its Standard Essential Patents (SEP): 2009 - Korean Fair Trade Commission - fine $US208 million 2013 - China's National Development and Reform Commission - fine $US975 million 2016 - Korean Fair Trade Commission (again)- fine $US853 million 2017 - Taiwanese Fair Trade Commission - fine $US774 million 2018 - European Commission - fine $US1.2 billion Total fines (so far) - $US4.01 billion! Furthermore, in 2016 the US Federal Trade Commission commenced legal proceedings against Qualcomm for the alleged misuse of its SEP's. So much for huge fines achieving specific deterrence!

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3106090

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