Patent dispute with Nokia: Daimler hopes to have clarification by the ECJ

The auto industry has to cope with many crises, but a multi-billion dollar Problem seems to resolve itself in favor of the car manufacturer: the "Automotive Patent Wars". It is a question of how the mobile phone specialists, Nokia, Ericsson, Samsung & co. their dominant position in the market with their patents can exert, which are used in today's technologically connected cars, for example, for the automatic emergency call, the modern cars after an accident to settle.

Susanne Preuß

business correspondent in Stuttgart, Germany.

What sounds like a dispute in small amounts, has horror provoked scenarios, because Daimler defends itself against Nokia and provoked violation of the contract processes. This procedure would be decided in favour of Nokia, it could mean for Mercedes a ban on the sale of his cars.

Such scenarios are now off the table, because the Bundeskartellamt has intervened in the dispute. In a 24-page Letter that has been submitted to the F. A. Z., has encouraged the authority that speaking the subject of the European court of justice and has raised some specific points for clarification. "The answers are of considerable economic, legal and beyond the individual case-oriented importance", - stated in the letter from the German cartel office.

Federal cartel office brings pace in the principle dispute

"We would welcome an EU court for clarification, because the questions for the compulsory Licensing of standard-essential patents would fundamentally and on a Europe-wide answer," says Daimler. It was an "Amicus Curiae", with the help of the competition authorities perform the role of referees, without reference to party, a spokesman for the Federal cartel office. Such a procedure was common practice when a competition stand out law. In this case, the Federal cartel office was made by Daimler and the automotive suppliers Continental and Valeo's attention.

this is the way it has alleged a first drastic judgment is prevented. It was expected by observers, that the district court would have Mannheim on Tuesday a ban on the sale of Mercedes cars. The announcement has moved the district court but on August. "This is a strong sign that the cartel office seriously," said Florian Müller, who is one with his Blog "Foss Patents" of the leading observers of patent litigation in the mobile. In the eyes of Müller after the pleading of the cartel office, it is also clear that none of the total of ten in Germany, the pending proceedings should be decided before the ECJ's comments on the topic.