Linked by Thom Holwerda on Mon 22nd Oct 2012 13:36 UTC
Legal "One of the exhibits Samsung has now made public tells an interesting tale. It's the slide presentation that Apple showed Samsung when it first tried (and failed) to get Samsung to license Apple's patents prior to the start of litigation. While some of the numbers were earlier reported on when the exhibit was used at trial, the slides themselves provide more data - specifically on the difference between what Apple wanted Samsung to pay for Windows phones and for Android phones. The slides punch huge holes in Apple's FRAND arguments. Apple and Microsoft complain to regulators about FRAND rates being excessive and oppressive at approximately $6 per unit, or 2.4%; but the Apple offer was not only at a much higher rate, it targeted Android in a way that seems deliberately designed to destroy its ability to compete in the marketplace." Eagerly awaiting the 45 paragraph comment explaining how this is completely fair and not hypocritical at all. Bonus points if it includes something about Eric Schmidt being on Apple's board, and, double bonus point if it mentions one of the QWERTY Android prototypes. Mega Epic Bonus if it somehow manages to draw a line from Edison, Tesla, to Jobs.
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here is a crazy idea...
by darcysmith on Mon 22nd Oct 2012 16:26 UTC
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Simply change the rules at the standards level. If you want your IP to be part of a standard then you must assign the rights over to the standards body. The standards body allows anyone who implements the standard to have royalty free access to the patent. Structure it in such a way that if the IP is being used outside of implementing the standard that the original company gets to negotiate as with any other patent.

The idea of standards essential patents is, simply put, stupid. No company should have to pay another company anything to implement a standard.

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