Three competitors in the OS mobiles, opposed to Android de Google, which join and raflent thus the 6.000 patents of Nortel: the operation causes the fear of American Antitrust Institute which requires of the regulator to open an investigation and parapets in order to prevent anti-competitive practices.
The biddings for the 6.000 patents of Nortel were gained by a consortium made up of Apple, EMC, Ericsson, Microsoft, RIM and Sony.
These partners of circumstance spent 4,5 billion dollars for rafler the setting, and to deprive Google of this intellectual property which could have helped it to deny oneself within the framework of the various procedures for violation patents initiated against Android.
A risk of collusion between three competitors
But, for association Antitrust American Institute, collaboration between three OS editors for mobile, competitors direct of Android, is unusual. The AAI estimates that this acquisition presents a risk of agreement and attack at the rules of competition.
The AAI thus addressed a mail to the American Department of justice in order to require so that an investigation is open to examine the conditions and risks of this repurchase, described like most important realized as regards intellectual property.
Because for the association specialized in the fight against the anti-competitive practices, Apple, Microsoft and RIM have many patents already on technologies without wire. And each one of these companies had the capacity to raise, individually, on significant portions of the wallet of patents of Nortel.
Multiple procedures for violation of patents of Apple and Microsoft
the AAI thus wonders about the motivations of the members of the consortium and fears a collusion in particular aiming at exploiting these patents with fine offensives against competitors, in particular in the Open Source.
Apple is thus engaged in legal steps against manufacturers proposing of the terminals under Android. As for Microsoft, advancing violations of patents, it has already constrained manufacturers of terminals to pay money to him on the sale of each Android terminal.
For the AAI, this vast repurchase of patents is not accompanied by any parapet likely to prevent practices anti-competitive on behalf of the purchasers, on technologies existing or future. A significant number of patents cover technologies intended to integrate standards of next generation.
Association thus estimates that, in the absence of formal engagements of their share, the members of the consortium could thanks to this intellectual property require their competitors the payment of royalties.
The regulator imposed conditions in the repurchase of the patents Novell
It thus requires that American justice, before authorizing the acquisition of the 6.000 patents, inquire and defines conditions as it was the case within the framework of the repurchase of the 882 patents of Novell.
The regulator had indeed considered that such an operation would have compromised the capacity of the free software, of which Linux, to continue to innovate and to remain competitive. The Department of justice had imposed conditions.
Moreover, the editors do not have any more but licences of use and not of the rights of ownership for some of these patents. What in theory strongly limits the offensive use which can be made by the purchasers of this intellectual property.
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