Linked by Thom Holwerda on Fri 24th Aug 2012 23:54 UTC
Thread beginning with comment 532071
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RE: my take on the whole ball of wax
by kaiwai on Sat 25th Aug 2012 10:31
in reply to "my take on the whole ball of wax"
This boils down to one thing in my mind. Cross licensing. Samsung has reached cross licensing deals with almost every other company for its FRAND patents. Thats the way the world is suppose to work. Apple though, doesn't want cross licensing because it wants exclusivity. So Apple won on the look alike argument, no surprise there. But Apple still has yet to license the FRAND licenses from Samsung. That leaves the aces still in Samsung's pocket IMHO. Why? Gui stuff, software patents, those are notoriously easy to overturn or work around. Hardware patents like Samsung owns, are incredibly difficult. Especially when they are standards as that gives them even more legitimacy. In fact, FRAND rules acknowledge this by virtue of the fact that you risk losing you right to FRAND licensing if you try to overturn the patents. So at the end of the day, Samsung owes Apple $1 Billion. But I can easily see them getting that and more back for the FRAND licenses. The real object though is to force Apple into a cross license deal.
FRAND licences have nothing to do with Apple and everything to do with the suppliers providing hardware for their phone - Qualcomm being that supplier of mobile phone chips. Sorry, but to claim that Apple has to licence AGAIN after paying indirectly through Qualcomm would be akin to Fraunhofer IIS coming to consumers demanding payment after Microsoft had already paid royalties to Fraunhofer IIS to licence the software in the first place. Sorry but Samsung is nothing more than double dipping on the patent system and quite frankly for you to bring up this as an example of Apple having to licence its own technology shows a complete lack on how the patent system actually works.




Member since:
2006-01-14
This boils down to one thing in my mind. Cross licensing. Samsung has reached cross licensing deals with almost every other company for its FRAND patents. Thats the way the world is suppose to work. Apple though, doesn't want cross licensing because it wants exclusivity. So Apple won on the look alike argument, no surprise there. But Apple still has yet to license the FRAND licenses from Samsung. That leaves the aces still in Samsung's pocket IMHO. Why? Gui stuff, software patents, those are notoriously easy to overturn or work around. Hardware patents like Samsung owns, are incredibly difficult. Especially when they are standards as that gives them even more legitimacy. In fact, FRAND rules acknowledge this by virtue of the fact that you risk losing you right to FRAND licensing if you try to overturn the patents. So at the end of the day, Samsung owes Apple $1 Billion. But I can easily see them getting that and more back for the FRAND licenses. The real object though is to force Apple into a cross license deal.