Linked by Thom Holwerda on Sat 2nd Nov 2013 17:24 UTC
Legal

Apple, Microsoft, and others, a little over a month ago in a letter to the EU, warning that the EU's new proposed unified patent law could lead to more patent trolling:

To mitigate the potential for abuses of such power, courts should be guided by principles set forth in the rules of procedure to assess proportionality prior to granting injunctions. And PAEs should not be allowed to use injunctions for the sole purpose of extracting excessive royalties from operating companies that fear business disruption.

Yesterday:

A new front opened today in the patent wars between large technology companies, as a consortium that owns thousands of patents from the Nortel bankruptcy auction filed suit against Google and other manufacturers alleging infringement. Rockstar, which is owned jointly by Apple, Blackberry, Ericsson, Microsoft, and Sony, filed suit in US District Court in Texas. In addition to Google, the consortium has alleged infringement by Asus, HTC, Huawei, LG, Pantech, Samsung, and ZTE.

They're not just scumbags - they are lying scumbags.

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RE[6]: You forgot Google
by Thom_Holwerda on Sun 3rd Nov 2013 00:17 UTC in reply to "RE[5]: You forgot Google"
Thom_Holwerda
Member since:
2005-06-29

You're talking in circles. The ITC was very clear: Samsung did not violate any FRAND commitments during the negotiations. Yet, Apple did not agree to any licensing fee. So, the ITC hands out a ban.

The president overruled the ITC not because Samsung failed any FRAND commitments - he overruled because a ban based on SEPs should not happen.

So, the course of events is that Samsung and Apple were negotiating, that Samsung was making proper FRAND offers, but that Apple refused to accept, despite the offers being FRAND. So, a deadlock.

Apple fanatics believe that the FRAND system means that Apple can just take whatever standards essential technology it wants, and that FRAND patent holders cannot do anything about it. The precedent that has been set here is clear: Apple can continue to use standards essential technology without paying a single dime, since Samsung has no means to stop them. Apple can drag out the negotiation forever - something they've been doing for years now.

With this, the FRAND system has effectively ceased to operate, since *even if Apple refuses proper FRAND terms, there's nothing a SEP holder can do to force Apple to accept them*. This is a very dangerous precedent.

Edited 2013-11-03 00:20 UTC

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