EU Commission to investigate Motorola

Following complaints by Apple and Microsoft, the Commission will investigate whether Motorola failed to honor its commitments to license those standard-essential patents on fair, reasonable and non-discriminatory (FRAND) term. Motorolla has sought to enforce injunctions against Apple's and Microsoft's flagship products such as iPhone, iPad, Windows and Xbox on the basis of patents it had declared essential to produce standard-compliant products. The Commission will examine whether Motorola's behaviour amounts to an abuse of a dominant market position prohibited by Article 102 of the Treaty on the Functioning of the EU (TFEU). In addition, the Commission will also assess the allegation by both Apple and Microsoft that Motorola offered unfair licensing conditions for its standard-essential patents in breach of Article 102 TFEU.