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10 April 2019

Bury joins Daimler in FRAND complaint against Nokia

German electronics company  Bury has asked the European Commission to begin an antitrust investigation into  Nokia patents.

It is the second such complaint filed with the Commission against Nokia in recent weeks. Earlier this month, WIPR  reported that  Daimler had requested a probe into Nokia’s standard-essential patents (SEPs) for car communications.

The SEPs relate to mobile phone technologies such as 2G, 3G, 4G and WiFi, Bury said in a statement issued on Monday, April 8.

Bury’s complaint, which was filed “in parallel” with Daimler’s, accuses Nokia of refusing to grant licenses for individual mobile communications components in automobiles.

Rather, Bury claimed, the Finnish company insists on “indirect licensing of the entire vehicle”, in breach of fair, reasonable and non-discriminatory (FRAND) terms.

As Nokia does not own a “vehicle-oriented SEP”, it is not entitled to demand indirect licensing of the entire automobile, Bury said.

In its statement, Bury said that it “expects that Nokia will meet its obligation to grant license to all interested participants in the market, who without license would run the risk of violating SEPs”.

“As a renowned innovative manufacturer in the field of high-frequency technology and telematics, Bury also represents the interests of other suppliers who find themselves in a similar situation”, the statement said.

Nokia said that the allegations of breaching FRAND licensing terms were “meritless”.

In a statement sent to WIPR, a Nokia spokesperson said the company had been informed of both Bury and Daimler’s complaints in January.

“We began discussions with automakers back in 2015, since when we have had numerous meetings with them and their tier 1 suppliers”, the statement added.

The spokesperson said that Nokia’s aim is to “provide access to our innovations used in connected cars in line with existing practice and commitments for licensing SEPs”.

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More on this story

Patents
1 April 2019   German carmaker Daimler has lodged a complaint with the EU antitrust regulators against Nokia over patents essential to car communications.
Patents
18 April 2019   Two car parts suppliers have asked the European Commission to undertake an antitrust investigation into Nokia’s patent licensing practices for technology used in cars.