In parallel to Daimler's complaint, the automotive supplier BURY has also filed a cartel complaint with the EU Commission against Nokia. Previously, the Finnish group had refused to grant licenses for mobile communications components from BURY. In addition to BURY, other Tier-1 / Tier-2 manufacturers are also affected. Nokia holds numerous standard essential patents (SEP) on which current mobile phone standards are based (e.g. 2G, 3G, 4G, WiFi). In case those standards are used for in-house technologies, the obtaining of SEP license is mandatory.
Nokia and holders of other SEPs have issued a FRAND declaration (FRAND = Fair, Reasonable and Non-Discriminatory). In this statement, they commit themselves to license SEP to all users of the standard on fair and non-discriminatory terms. In case the obligation is not met, there exists a risk that one of the companies will take unfair advantage of its dominant position in the market.
In the subject case, Nokia refuses to license mobile components. Instead, Nokia insists on indirect licensing of the entire vehicle. BURY, Daimler and other Tier-1 / Tier-2 manufacturers had no option, as to report this issue to EU. Nokia does not own a vehicle-oriented SEP. Therefore, Nokia cannot demand indirect licensing of the entire vehicle. BURY demands the licensing of the components in accordance with the SEP's scope of protection, as the automotive supplier wants to retain the flexibility to distribute technologies either on the OEM or on the aftermarket. Exclusive licensing of the vehicles would be contrary to this strategy, since in the aftermarket the components are built into a wide variety of vehicles.
Due to the above, BURY company expects that Nokia will meet its obligation to grant license to all interested participants in the market, who without license would run the risk of violating SEP. In filing a complaint regarding the employment of monopoly practices, BURY company hopes for the reinstitution of fair competition practices in the use of binding mobile telephony standards. As a renowned innovative manufacturer in the field of high-frequency technology and telematics, BURY also represents the interests of other suppliers who find themselves in a similar situation.