The smartphone patent wars saga: availability of injunctive relief for standard essential patents

Abstract

Increasingly, holders of so-called standard essential patents for which a FRAND commitment has been made are finding their ability to seek and obtain injunctive relief or similar remedies for patent infringement challenged by developments occurring in major standard-setting organizations, as well as in the actions of competition authorities and courts from various jurisdictions around the globe. The wireless telecommunications industry is a major driver of competitiveness and represents one of the key industrial sectors of the 21st century. Over the past years there has been dynamic growth in the market, from which consumers worldwide have benefited greatly. Today, there are over six billion mobile connections worldwide. This massive increase of connectivity has been accompanied by a shift from basic mobile phones, the functionality of which is limited to voice calls and text messaging, towards high-end smartphones. While smartphones have become a viable alternative to PCs for many users due...