LAWFUEL – The Legal Newswire – Simmons & Simmons has advised Hynix Semiconductor of Korea, the world’s top tier memory semiconductor supplier, in relation to ‘patent ambush’ claims against US technology corporate Rambus Inc.
The European Commission has confirmed that it has sent a formal Statement of Objections to Rambus Inc alleging ‘patent ambush’ concerning DRAMs. This is the first time that the Commission has dealt with a ‘patent ambush’ under EC antitrust law.
Rambus is accused of an anti-competitive ‘patent ambush’: allowing technology over which it claims patent rights to be adopted as a standard by an industry body of which it was a member, later demanding large sections of the industry to pay royalties for its use.
The Commission’s preliminary conclusion is that Rambus Inc’s conduct amounts to an abuse of its dominant position and therefore an infringement of EC competition law. If it holds to this position, the Commission may impose a fine on Rambus and limitations on the licensing of its patents.
Simmons & Simmons EU & Competition partner Tony Woodgate