InterDigital Inc (IDCC)

[loophole73]

In my opinion, courts in the USA and the EU will not recognize any antitrust findings by agencies and courts in China. My reasons are that the USA and EU approved the standards efforts on the part of UMTS and ETSI based on full disclosure that some patent holders may have a position of monopoly via SEP's. Both jurisdiction allowed exceptionsThe parties agreed to license and cross-license SEP's on fair, reasonable and non-discriminatory terms. There has yet to be a final definition of FRAND requirements. Further, the governments and courts around the world have recognized bundling in the wireless sector since its inception. Disputes over royalty rates are simply contractual in nature and have no relation to antitrust. Bundling has been excepted out of tying arrangements in every jurisdiction except apparently China. ETSI has stated that the standards body was created under French law, but licensing habits and customs of the wireless sector shall remain in tact. China opted to not participate in most of the standards work and they are now entering the arena a day late and a dollar short. Further, Huawei and IDCC have agreed to arbitration in order to establish the FRAND terms in establishing a license and I believe the writers of these articles are unaware of the disposition of the previous litigation efforts in China and the subsequent agreements between the parties. I find it sad that Mr. Shay has opted to sit on his thumb rather than educate the press regarding the accuracy of the reporting in China.

MO
loop