• A New Meaning for FRAND in Korea's Qualcomm Sanctions
  • February 28, 2017 | Authors: Robert G. Kidwell; Robert J. Moore; Michael T. Renaud; Farrah C. Short
  • Law Firm: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Boston Office
  • Law360, New York (January 24, 2017, 1:14 PM EST) -- On Dec. 28, 2016, the Korean Fair Trade Commission issued a steep fine against Qualcomm for antitrust violations in patent licensing and modem chip sales - a record penalty that the U.S. company will challenge in court. Finding that Qualcomm leverages its standard-essential patent (SEP) portfolio to further its chipset business in contravention of Qualcomm's fair, reasonable and nondiscriminatory obligations and Korean antitrust law, the agency levied a penalty of over $850 million dollars and directed Qualcomm to alter its business model.