Bonum Certa Men Certa

The European Commission and the Failure to Stop the FRAND/SEP Lobby

Bristows and IAM: working together to help patent trolls in Europe

Bristows and IAM



Summary: The European Commission -- rather than show strength in the face of patent parasites -- shows considerable weakness by allowing controversial mergers/takeovers and issuing token fines

THE European Commission has succumbed and surrendered to pressure fom Microsoft front groups again. As this article put it the other day, obligatory patents one can't work around are becoming more institutionalised:



In November The European Commission issued a communication setting out its vision on standard essential patents (SEPs) and outlining its expectations from stakeholders involved in the declaration, exploitation and enforcement of SEPs. Stakeholders include SEP holders, SEP implementers, standard developing organisations (SDOs) and national courts of the member states.

The communication draws on a number of points arising from various judicial decisions, such as the U.K. court’s decision in Unwired Planet v. Huawei on what constitutes fair, reasonable and non-discriminatory (FRAND) licensing terms and the Court of Justice of the European Union’s (CJEU) decision in Huawei v. ZTE. The communication also provides principles of general applicability and sets out specific recommendations and guidance.


This also indirectly relates to companies such as Qualcomm, which was brought up the other day in the context of its battles with Apple:

The high-stakes FRAND licensing dispute between Apple and Qualcomm took another turn last week when the chipmaker filed a subpoena against Philips Electronics North America demanding that the Dutch company produce information on its licensing practices deemed relevant to the litigation that is currently gripping the patent world.

According to the subpoena, which was filed in Massachusetts district court, Philips does not dispute that the documents are relevant but has so far declined to make them available because of concerns that the protective order put in place by district court in Southern California, where Apple filed its suit against Qualcomm, does not have adequate confidentiality provisions. Philips has demanded that both companies and any of their counsel who have access to the information should be barred from acting adversely to the Dutch company — such as in a litigation case against it — for two years following the conclusion of Apple v Qualcomm.


This was written around the same time that the European Commission imposed a $1.23bn fine on Qualcomm -- a move which Qualcomm critics actually described as a 'win' for Qualcomm for the following reasons:

In tennis, there are four Grand Slam tournaments. In antitrust enforcement, there's no official equivalent, but I would argue that a company being held in violation of competition rules by the United States, the European Union and at least two major Asian jurisdictions has a legitimate claim to the crown. Last year, Qualcomm got sued by the Federal Trade Commission of the United States; just a month earlier it had been fined by the Korea Fair Trade Commission (KFTC); in October, the Taiwan Fair Trade Commission imposed a record fine of more than $700 million; and it had been fined in China a couple of years before. But one key jurisdiction was missing from this list (apart from reservations concerning Qualcomm's proposed acquisition of NXP): the European Union.


Most of the press coverage about this (e.g. [1, 2, 3]) framed it as a big loss for Qualcomm, but former IAM staff -- alluding to this new $2 billion deal -- said, "[t]hat should pay off the EU antitrust fine with some left over" (fine was too low).

The CCIA, writing about the above, is still tackling the FRAND/SEP scam (patent tax you cannot avoid/work around). To quote:

First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive supplier arrangement in order to harm competing baseband chipset makers. The EU investigation isn’t the only place Qualcomm’s anti-competitive conduct is being challenged; they’ve also been fined by the Korean FTC and the US FTC is currently pursuing a case against Qualcomm. Apple has also filed a lawsuit against Qualcomm. As Patent Progress has previously discussed, Qualcomm’s conduct harms competition and thereby harms consumers. Qualcomm, rather than changing course, has filed additional lawsuits aimed at using their SEP portfolio to harm companies that challenge their anti-competitive conduct.


The trolls and the patent microcosm, with firms like Bristows, have lobbied hard for this injustice, even in the UK. Bristows and IAM work together on this lobbying effort.

Even IP Kat is pushing this agenda/scam (if not Bristows, then Eibhlin Vardy). As usual, the same people who push/lobby for UPC in Europe (for trolls) and for software patents also adore patent thickets. What we're dealing with here is rather troubling for Free/Open Source software as these thickets typically overlap software as well.

Recent Techrights' Posts

In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
 
Microsoft is Down
This relates in a timely fashion to what we published yesterday
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026