| The essence of a standard essential patent is a balance between the public interest and the standard essential patent right as a private right.With the development of society and science and technology,more and more standard essential patent antimonopoly disputes have surfaced,but China’s judicial practice of determining the abuse of market dominance by standard essential patent holders is still lacking.The influential U.S.Federal Trade Commission（FTC）v.Qualcomm Monopoly case deserves analysis and reference,and its first-instance judgment detailed its abuse of market dominance centered on "no license,no chip",although the U.S.Court of Appeals for the Ninth Circuit（hereinafter referred to as the "Court of Appeals"）rejected the view of the U.S.Northern District Court for the District of California.However,the process of argument in the Northern District Court of California and the determination dilemma extracted from the points of contention are worth studying.This case is the first time that Qualcomm has been identified as a monopoly in the judicial judgment of qualcomm in the United States,and it is also the latest and most influential case in the judicial practice of standard essential patents abusing market dominance,and has great research value in the field of intellectual property and anti-monopoly justice.On May 21,2019,the U.S.Court for the Northern District of California rendered a first-instance judgment in the FTC v.Qualcomm Monopoly case,qualcomm’s behavior in the field of patent licensing and chip sales in recent years was identified as a monopoly,and the U.S.Northern District Court for the Northern District of California upheld the FTC’s injunction requirements.In the FTC v Qualcomm monopoly case,around the analysis of Qualcomm’s abuse of market dominance,this case has emerged a new type of abuse of market dominance,that is,a series of behaviors centered on the "no chip,no license" business model and a series of behaviors centered on it,which cannot help but make people think about how to determine its abuse of market dominance when the abuse of market dominance is no longer a single act,Article 17 of China’s Anti-Monopoly Law stipulates 6 types of abuse of market dominance and 1bottom clause,it is clear that the abuse of market dominance cannot be exhausted.The judgment ideas and determination methods of this case are worth learning from,and China’s legislation on the determination of the abuse of market dominance of standard essential patents is not complete enough,and some inspiration can be obtained through this case to improve China’s legislation and judiciary in the process of reference and study.This article first introduces Qualcomm’s anti-monopoly practice over the years,and conducts a more detailed analysis of the first-instance judgment of the FTC v.Qualcomm Monopoly case;then makes a special analysis of the types of acts and identification process of the standard essential patentee abusing its market dominance in this case;and then makes a special analysis of the new behavior model in this case,the "no license,no chip" business model,and obtains some enlightenment from China’s relevant practices Finally,from the perspective of legislation and judiciary,the significance of the FTC v Qualcomm monopoly case to China was discussed. |
