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[14]: Huh?
by jared_wilkes on Tue 14th Feb 2012 00:40 UTC in reply to "RE[13]: Huh?"
jared_wilkes
Member since:
2011-04-25

Again, the point is you implicitly defended Motorola based on a LEGAL decision, not this Holwerda moral calculus of patent law, which many of us can easily disagree with.

Edited 2012-02-14 00:42 UTC

Reply Parent Score: 0

RE[15]: Huh?
by jared_wilkes on Tue 14th Feb 2012 00:47 in reply to "RE[14]: Huh?"
jared_wilkes Member since:
2011-04-25

I would also add: FRAND standards patents, by definition, cannot be used defensively.

A separate legal attack is not justification for discrimination when a standard is at stake.

Reply Parent Score: 0

RE[16]: Huh?
by Thom_Holwerda on Tue 14th Feb 2012 00:53 in reply to "RE[15]: Huh?"
Thom_Holwerda Member since:
2005-06-29

I would also add: FRAND standards patents, by definition, cannot be used defensively.


Sure they can. Take this example:

Apple and Samsung are negotiating a FRAND agreement. FRAND licensing costs are not set in stone, nor are they legally defined, so these negotiations can take a while. There's no hurry to get things done, since everything's peachy.

Then, Apple goes all out, guns blazing, launching several software patent lawsuits against Samsung.

In return, Samsung decides it isn't going to negotiate any longer with Apple, makes what they believe is a FRAND offer, and wait for Apple's answer. Apple declines.

Now, with what they believe is a declined [by Apple] valid FRAND offer in hand, Samsung takes Apple to court.

Et voilĂ , defensive use of FRAND patents. Now it's up to the courts to decide if it truly was a FRAND offer. If the courts say it is, Apple could be fcuked. If the courts say it was not a valid FRAND offer, the courts send them back to the negotiation table.

Edited 2012-02-14 00:55 UTC

Reply Parent Score: 2