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The European Commission can confirm that it has sent a Statement of Objections (SO) to Rambus on 30 July 2007. The SO outlines the Commission’s preliminary view that Rambus has infringed EC Treaty rules on abuse of a dominant position (Article 82) by claiming unreasonable royalties for the use of certain patents for “Dynamic Random Access Memory” chips (DRAMS) subsequent to a so-called "patent ambush".When considering how serious the EU was and is following the previous Microsoft anti-trust action, Rambus should be prepared for some major problems in Europe as it seems the EU decided to openly fight against such "patent ambush" practice, and not only for consumer electronic market.
DRAMs have been standardised by an industry-wide US based standard setting organisation – JEDEC. Rambus owns and is asserting patents which it claims cover the technology included in these JEDEC standards. Therefore, every manufacturer wishing to produce synchronous DRAM chips or chipsets consequently must either acquire a licence from Rambus or litigate its asserted patent rights.
The SO outlines the Commission’s preliminary view that Rambus engaged in intentional deceptive conduct in the context of the standard-setting process, for example by not disclosing the existence of the patents which it later claimed were relevant to the adopted standard. This type of behaviour is known as a "patent ambush". Against this background, the Commission provisionally considers that Rambus breached the EC Treaty's rules on abuse of a dominant market position (Article 82) by subsequently claiming unreasonable royalties for the use of those relevant patents. The Commission's preliminary view is that without its "patent ambush", Rambus would not have been able to charge the royalty rates it currently does.
This is the first time that the Commission is dealing with a "patent ambush" under EC antitrust law, but the approach reflects well-established general case-law under Article 82 of the Treaty.
In parallel proceedings in the US, the Federal Trade Commission (FTC) issued an order in August 2006 and in February 2007 whereby it found that Rambus had engaged in illegal monopolisation and imposed a remedy applicable to US patents and foreign patents to the extent that they relate to import or export of relevant products into or from the US.
Last night, with two members from "FrenchiPhone" forum, we have SIM-unlocked successfully an iPhone 8GB model following the step-by-step tutorial published by Georges Hotz.Waiting for a software-based unlocking procedure becomes available, this procedure is the only one available in Europe to be able to use an iPhone.
The Blog is available here: http://www.frenchiphone.com
And photos from flickr: http://www.flickr.com/photos/frenchiphone/sets/72157601654424606/
This is indeed an extremely challenging operation, as tracks are really thin, and to be successful you need good tools (extremely think wires, 0.2 soldering pin, and good enlarging optical device) and a bit of luck.