Stop filing smartphone lawsuits, says EU

The European Union's antitrust enforcer has told two top smartphone makers to stop filing aggressive patent lawsuits against their rivals, aiming to end a patent war and open the market to freer competition.

The European Commission reprimanded Motorola Mobility today for taking such action against Apple, hoping the ruling will halt a rising tide of legal disputes among rivals vying for profit in the global smartphone market.

The EU's anti-trust enforcer also said Samsung Electronics must keep a promise not to seek injunctions against rivals if they sign a licensing agreement.

"The so-called smartphone patent wars should not occur at the expense of consumers," said Joaquin Almunia, the European commissioner in charge of anti-trust enforcement.

The landmark ruling will help draw a line under a long-running feud between smartphone makers and a slew of legal action against rivals by manufacturers who claimed their designs had been copied.

Although no fine will be imposed on Google's Motorola, the Commission ruled the company had been wrong to seek an injunction against Apple in Germany for copying a 'standard-essential' patent, for which Apple had bought a license.

Such patents, which cover basic mobile technology such as the mechanism to make and end a phone call, have become the scene of bitter legal confrontation.

Phone companies often argue that their technology, such as Apple's slide-to-unlock keypad, should be covered by such legal protection to prevent rivals stealing a lead.

The Commission ordered Motorola to resolve its dispute with Apple in Europe at the negotiating table, not in the courtroom.

"While patent holders should be fairly remunerated for the use of their intellectual property, implementers of such standards should also get access to standardised technology," Almunia said.

The patent wars between tech companies, which also include Microsoft, Nokia and smaller rivals, underscore the fierce battle for market share in the lucrative mobile phone industry.

The world's top smartphone makers, Samsung and Apple, are suing each other in more than 10 countries.