Linked by bowkota on Tue 7th May 2013 21:44 UTC
Legal "The European Commission has accused Motorola Mobility of abusing its standard-essential patents against Apple in Germany. The Commission has sent a Statement of Objections to the company over a misuse of its GPRS patents, which has seen Motorola pursue injunctions against Apple products instead of properly licensing the technology."
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what law??
by TechGeek on Wed 8th May 2013 19:31 UTC
TechGeek
Member since:
2006-01-14

Lets get something right: There is NO LAW that dictates FRAND licensing. Its a contract drawn up by the standards body and agreed to by the members. No where in the agreement does it say that members can not file for injunctive relief. No where in the contract does it dictate what a reasonable rate is. It is left open ended because you are suppose to have to negotiate. There has been way too little of that on Apple's side and way too much bemoaning the big bad hardware company to the courts.

One thing missing from this article is that when Motorola and Apple were before a Wisconsin court, Apple refused court remediation. What also came to light in that case is that Apple was not yet entitled to FRAND license terms because the contract with the standards body dictates that Apple has to offer to license their patents to Motorola. As Apple hadn't, Motorola was completely in the clear.

It doesn't really matter how you feel about these companies. This is an orchestrated attack by two companies with mostly software patents in an area of technology trying to gain leverage on companies with hardware patents that typically fall into FRAND pools.

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