Extra-Jurisdictional Remedies Involving Patent Licensing


This article discusses the various approaches taken thus far, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by the European Commission (“DGComp”) against Motorola and Samsung, respectively; and one by China’s National Development and Reform Commission (“NDRC”) against Qualcomm. In contrast with the FTC’s investigation, the latter three limit remedies to the patent holder’s domestic practices in the licensing of their domestic patents (i.e. activity and patents within the territory of the investigating authority), illustrating remedies that are consistent with principles of international comity. 

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