Linked by bowkota on Tue 7th May 2013 21:44 UTC
Legal "The European Commission has accused Motorola Mobility of abusing its standard-essential patents against Apple in Germany. The Commission has sent a Statement of Objections to the company over a misuse of its GPRS patents, which has seen Motorola pursue injunctions against Apple products instead of properly licensing the technology."
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RE[3]: Comment by shmerl
by Tony Swash on Tue 7th May 2013 22:58 UTC in reply to "RE[2]: Comment by shmerl"
Tony Swash
Member since:
2009-08-22

How is Motorola trying to protect their patents that APPLE is using without paying for them abuse? so what they are FRAND patents don't mean apple gets a free pass to use them without paying for them. If apple is not willing to pay what they should be paying Motorola has the right to request a sales ban.


The issue is that FRAND patents, in order to comply with the FRAND framework have to be Fair and Non-discrimanatory. Apple have to be offered exactly the same sort of deal that anyone else is offered otherwise it's discriminatory. When a company offers a patent as a FRAND patent it is making a deal, the deal is it guarantees that nobody will be discriminated against and thus everyone feels safe about adopting the technology covered in the patent and making it standard.

Reply Parent Score: 3

RE[4]: Comment by shmerl
by wibbit on Wed 8th May 2013 08:26 in reply to "RE[3]: Comment by shmerl"
wibbit Member since:
2006-03-22

"How is Motorola trying to protect their patents that APPLE is using without paying for them abuse? so what they are FRAND patents don't mean apple gets a free pass to use them without paying for them. If apple is not willing to pay what they should be paying Motorola has the right to request a sales ban.


The issue is that FRAND patents, in order to comply with the FRAND framework have to be Fair and Non-discrimanatory. Apple have to be offered exactly the same sort of deal that anyone else is offered otherwise it's discriminatory. When a company offers a patent as a FRAND patent it is making a deal, the deal is it guarantees that nobody will be discriminated against and thus everyone feels safe about adopting the technology covered in the patent and making it standard.
"

I may be wrong, but the impression I've been given is that Apple went ahead and used the FRAND patents, without an agreement, and had been using them for quite some time.

As far as I can tell FRAND does not mean "Any one can take and uses these patents without any form of formal agreement".

It appears that this is what apple did, they did not sign an agreement, they did not licence them, they certainly did not pay Motorola any of the due fee's.

Once they were caught with their hand in the cookie jar, they appear to have responded like a petulant child stating, well you have to give them to us any way, ner ner ner.

I really struggle to see how that is considered appropriate.

Motorola are now looking for punitive damages, I have no issues with that.

Reply Parent Score: 8

RE[5]: Comment by shmerl
by Thom_Holwerda on Wed 8th May 2013 09:21 in reply to "RE[4]: Comment by shmerl"
Thom_Holwerda Member since:
2005-06-29

I may be wrong, but the impression I've been given is that Apple went ahead and used the FRAND patents, without an agreement, and had been using them for quite some time.

As far as I can tell FRAND does not mean "Any one can take and uses these patents without any form of formal agreement".


Bingo.

This is what pro-patent people - who almost always are pro-Microsoft and Pro-Apple people, funny enough - forget. Apple/Microsoft stole (their words, not mine) Motorola's technology without permission, without an agreement, without paying for them, earned boatloads of money with them - and are continuing to do so.

It's actually much worse than infringing on crappy, insipid and evil software patents, since Apple and Microsoft were fully aware of these FRAND patents (they are part of the standard after all), but yet still went full steam ahead, infringing them without paying for them.

If you were to adhere to Microsoft/Apple's world view, Apple and Microsoft would be huge criminals.

Reply Parent Score: 7