Linked by Thom Holwerda on Sun 29th Jul 2012 10:48 UTC
Legal Groklaw nails it: "In other words, [Apple and Microsoft] want to disarm the companies that got there first, built the standards, and created the field, while the come-later types clean up on patents on things like slide to unlock or a tablet shape with rounded corners. Then the money flows to Apple and Microsoft, and away from Android - and isn't that really the point of all this, to destroy Android by hook or by crook? The parties who were in the mobile phone business years before Apple or Microsoft even thought about doing it thus get nothing much for their earlier issued patents that have become standards. Apple and Microsoft can't compete on an even field, because the patent system rewards the first to invent (or now, after the recent patent reform, the first to file). Neither Apple nor Microsoft got there first. Samsung was there, since the '90s." To illustrate: Apple is demanding $24 (!) per Samsung device for design patents, while at the same time, Apple also demands that Samsung does not charge more than $0.0049 per standards essential patent per device. This is absolutely, utterly, and entirely indefensible. And then Apple and its supporters have the nerve to claim Samsung is ripping them off. Yes, this pisses me off, and no, that's not because it's Apple doing it (Microsoft is just as guilty). It's because this is plainly, utterly, clearly, and intrinsically unfair.
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License surcharges
by yokem55 on Sun 29th Jul 2012 17:02 UTC
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I think Samsung and Motorolo have legitimate claim to argue that a license surcharge on RAND terms for any company that engages in other patent litigation against the licensor would be appropriate and within the spirit of RAND terms.

Want low RAND rates? Don't sue us over nonessential patents. Want to enforce your nonessential patents, pay ten times the normal rate. Applies to any company (non-discriminatory), and its reasonable in that hey, patent litigation is expensive, and if you want to play that game than the costs go up accordingly .....

Reply Score: 13