UPDATE 3-IPCom pledges fair licensing to EU, Nokia pleased
* IPCom commits to licensing terms for patents from Bosch
* Bosch patents basic to mobile communications standards
* Commission will analyse Nokia's complaint against IPCom
* Nokia says grateful of the result
* Court decision on key patents in IPCom-Nokia case next wk
(Adds IPCom comment)
By Foo Yun Chee and Tarmo Virki
BRUSSELS/HELSINKI, Dec 10 (Reuters) - German patent firm IPCom pledged to European Union regulators on Thursday to stick to its promise of fair licensing terms for patents acquired from Germany's Bosch, averting a possible antitrust investigation.
Top cellphone maker Nokia (NOK1V.HE) complained to the European Commission late last year, alleging that IPCom had sought unfair terms for wireless technology patents.
A commission official said the EU executive would analyse the complaint "in light of this positive development".
IPCom has acquired Bosch's [ROBG.UL] mobile telephony patent portfolio, created between the mid-1980s and 2000, which includes about 160 patent families worldwide that are key for mobile communications standards.
The commission and Nokia welcomed IPCom's pledge to stick to "fair, reasonable and non-discriminatory" (FRAND) terms for these patents.
The company's commitment -- the latest twist in a three-year legal battle between the firms -- came after talks with the regulator.
"This declaration simply reaffirms to the European Commission our commitment to licensing our patents on FRAND terms," said Bernhard Frohwitter, Director of IPCom.
"We have consistently asked for FRAND, nothing more and nothing less, and we are happy to let the courts decide how high the licence fees should be," he said.
A German court in Mannheim is due to make a key decision on the battle next week.
"Nokia will continue to vigorously defend itself in this matter. We see IPCom's patent infringement allegations as a tactic to put pressure on Nokia to agree to discriminatory and unrealistic licensing terms," said Nokia spokesman Mark Durrant.
"The declaration by IPCom is a new element to be considered in the litigations," he said.
Durrant said Nokia was grateful the European Commission had persuaded IPCom to recognize and confirm its obligations to respect the commitments given by Bosch as the former owner of the patent portfolio.
"It is important that when patents essential to a standard are transferred from one owner to another, so should any relevant FRAND commitments," the commission said in a statement.
"The unrestricted access to the underlying proprietary technology on FRAND terms for all third parties safeguards the pro-competitive economic effects of standard setting," it said. (Editing by Jon Loades-Carter and Sharon Lindores)
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