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[3]: You forgot Google
by andydread on Sun 3rd Nov 2013 12:10 UTC in reply to "RE[2]: You forgot Google"
andydread
Member since:
2009-02-02

Microsoft DID NOT sue Google over SEPs (Standards Essential Patents) that come under FRAND (Fair, Reasonable, and Non Discriminatory) rules. Whoever is spreading that crap is just plain wrong, including you.

Your red herring about frand patents is falling on deaf ears and rightfully so. You see. MS and Apple decided to attack Google and its partners with frivilous dubious software patents. All Google is trying to do is defend themselves with the frand patents.

Reply Parent Score: 6

RE[4]: You forgot Google
by Shadowself on Sun 3rd Nov 2013 18:42 in reply to "RE[3]: You forgot Google"
Shadowself Member since:
2013-11-02

It is most definitely not a "red herring" as it is relevant.

The two different sets of patents come under different rules. SEPs come under FRAND rules and must be licensed to all comers for effectively the same fees and conditions.

Non SEP (and thus non FRAND) patents are licensed purely at the discretion of the patent holder. IF (truly, IF) the patent holder wants to license the patent they can charge virtually anything they want.

That's the system. For Samsung, Google and the rest to try to use SEPs as legal leverage to force the cheap licensing (or cross licensing) of non SEPs is 100% improper. It certainly violates the spirit, and likely the letter, of the SEP contracts the patent holders have with the standards bodies where the patent holders explicitly sign up to the FRAND rules.

The simple fact that Google (Motorola) and Samsung are attempting to use SEPs to counter non SEP based lawsuits directly ties the two together. It's not a "red herring" at all.

Reply Parent Score: 0