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[9]: You forgot Google
by majipoor on Mon 4th Nov 2013 23:05 UTC in reply to "RE[8]: You forgot Google"
majipoor
Member since:
2009-01-22


Most of the SEP patents are owned by a very small group of companies and because they are SEP, they are all known about. Apple doesn't have to wait to see who comes knocking, there is a predefined list of all the patents around each technology.


I was talking about non-SEP patents in this case.


And as for being such a supporter of FRAND, why are you upset that Samsung and Motorola asked for 2.5%? They ask EVERYONE for 2.5%, even though no one ends up paying that much.


No, this is just plain wrong. Usually, the fee is part of the 3G chip and the chip provider has a licence to sub-licence FRAND patents to anyone.

2.5% of a $600 device = $15 only for a few 3G patents by Samsung and Motorola. Considering that there are 2000 3G patents and also a 4G, Wi-Fi and Bluetooth chip inside a smartphone, you cannot seriously think that 2.5% is fair or reasonable.

Considering that the 3G chip cost about $30, how a $15 fee for Motorola and $15 fee for Samsung only would make any sense?


What Apple is actually doing is asking for special consideration which is not FRAND.


You clearly don't know what you are talking about: usually the fee is part of the 3G chip price sold by Qualcomm or Infineon. In Apple case, Motorola and Samsung decided to modify the licence they have with Qualcomm (or Infineon, I don't remember which one) in order to explicitly exclude Apple from the standard licence, it is the reason only some iPhones models are concerned by patent infringement, only the one which use the Qualcomm (or Infineon) chip.


Just because Apple thinks 2.5% is too high doesn't make it discriminatory if Samsung and Motorola treat everyone the same.


But they don't. In the Motorola vs Microsoft case Motorola was also asking 2.5% fee for a few H.264 patents concerning the Xbox and Windows which would correspond to about $4 billions annual fee (!!) for Microsoft. A judge did consider their claim as ridiculous and decided of an actual FRAND term based on what Motorola did ask to other manufacturers which was magnitudes lowers that what Motorola initially asked.

http://www.ip-watch.org/2013/07/29/motorola-vs-microsoft-and-the-fu...

"Motorola initially requested a royalty rate that Microsoft claimed would require it to pay as much as $4 billion a year for the use of the Essential Claims (a number that seemed absurd to me, as well as to many others). By the time litigation ensued, the demand had been lowered to $400 million – an order of magnitude reduction. The final number determined by Judge Robart to be consistent with a FRAND commitment was a mere $1.8 million per year."

Motorola asked 2.5% = $4 billions and lowered it to "only" $400 millions just before the trial, but they actually get a FRAND fee of about 2000 times less: this is what a FRAND term is and what they ask to other manufacturers.

How can you be blind enough not to see how Motorola and Samsung abuse their SEP patents?


Apple is just a whiny brat who doesn't have any SEPs of its own.

Apple has 400 SEP patents acquired from other companies as Google have SEP patents coming from Motorola.

You are just a blind hater.

Edited 2013-11-04 23:14 UTC

Reply Parent Score: 2