Linked by Thom Holwerda on Sun 17th Jan 2010 23:38 UTC, submitted by OSGuy
Legal Just when you thought the legal battle between Nokia and Apple couldn't get any more convoluted, Apple has filed its own complaint with the US International Trade Commission, seeking to have Nokia's products banned from the US market because they infringe on Apple's patents.
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RAND and essential patents
by eriwik on Mon 18th Jan 2010 19:26 UTC
eriwik
Member since:
2009-07-31

There has been a lot of talk about RAND terms and whether Nokia is trying to charge to much for their patents. What I think most of you are missing is that RAND terms probably only applies to so called essential patents, which are patents that are necessary to implement a certain standard/specification.

I'm basing this on the ETSI IPR policy which ought to be quite similar to those of the other associations.

Let's take a silly example: Imagine that there is some specification that requires you to sort a list. There are only two know algorithms for sorting: bubble sort and quick sort, now imagine that some company has a patent for quick sort. That would mean that it is possible to implement the specification without having to buy a license (in other words there are no essential patents) but there exists a so called implementation patent, and usually the owner of that patent is free to charge as much as he likes for that.

I don't know what kind of patents the one Nokia wants to sell are, but I would guess that they are implementation patents an not essential patents.

Edited 2010-01-18 19:28 UTC

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