Linked by Thom Holwerda on Mon 13th Feb 2012 19:26 UTC
In the News The first big hurdle has been taken by Google and Motorola Mobility. The European Union has given the green light for Google to proceed with its acquisition of Motorola Mobility. The EU will, however, monitor the deal and its outcome for potential patent abuse. Update: And there we go, the US DoJ has approved the deal as well. Update II: The just-linked DoJ report also approves the Nortel patent sale to Apple, Microsoft, and RIM. I'm hoping for lots of fireworks here so the patent system blows up in Google's, Microsoft's and Apple's faces, so we can point and laugh about all the money they wasted.
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RE[19]: Huh?
by jared_wilkes on Tue 14th Feb 2012 01:27 UTC in reply to "RE[18]: Huh?"
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Which is why your hypothetical situation isn't addressing the question: if standards related patents are offered on free and/or reasonable terms can the owner still choose to discriminate based on other legal threats or competition issues?

All your hypothetical says is: Company A may make an offer on terms which may or may not be free and/or reasonable and then they can still not provide them to competitors with no logical basis for such a conclusion in the hypothetical.

Here's another hypothetical: Company A, the owner of standards-essential patents, and Company B already have a FRAND agreement in place. Company B then goes and definitively and legally violates a non-standards-essential of Company A (let's even make it a very novel hardware patent to make it very easy). Does Company A now have the right to deny Company B access to standard essential patents?

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