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[2]: Huh?
by Tony Swash on Tue 14th Feb 2012 10:48 UTC in reply to "RE: Huh?"
Tony Swash
Member since:

"I'm confused: why would non-standards patent abuse be more concerning than standards patent abuse?

Because actual non-standards patent abuse is more concerning than potential standards patent abuse. Don't leave out the details.

The first is already happening, the latter may happen but is not yet the case - at least when talking about Google/Motorola, Samsung's actions against Apple is another case but that's up for the courts to decide.

Actually Motorola is actively abusing FRAND patents to use against Apple, apparently with Google's blessing. See here

What Motorola did was submit one of it's patents to be included in a FRAND regulated standard, then once it was in the FRAND framework licensed that patent to Qualcomm for inclusion in components it makes for third parties, agree that Qualcomm would cascading that licence to any third party purchasers of the component and then, in retrospect, turned around and withdrew the Qualcomm cascaded patent just for Apple and against the wishes of Qualcomm and demanded that Apple 2.5% of its total sales revenues for items containing that component to Motorola. This a classic case of FRAND abuse. I will be astonished if it stands up in court and if the EU don't take action. Motorola took the action in the one legal system (German) where Apple's refusal to pay the 2.5% could result in a product injunction.

My reading of all this is that it is a sign of how weak Motoral's position in relation to the patent disputes with Apple and other is, it's a sign of desperation.

Here is analysis of Google's position on all this.

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