decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
1973Ex15 | 179 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
1973Ex15
Authored by: Tkilgore on Thursday, September 20 2012 @ 08:27 PM EDT
As I said above, "One would have to know many details in order to know for
sure."

I don't have any of the details in my possession. If you actually do, I think it
would be generally interesting.

You do say

>> 2. Apple was not part of the consortium

> because it was late to the party. When Apple eventually got into the
cellphone game it had insufficient interesting patents for other members of the
club,

If this is true, it was not just Samsung which was not interested.

> and thus would be charged a higher price for taking their patents from the
pool.

You mean Apple licensing any patents out of the pool, i assume. That would
probably follow, as much as we have heard about how the consortium was set up.

> Apple's inability to negotiate a satisfactory solution to this problem has
got us where we are now... [also conjecture]

Well, even if that is the case it is also the case that Apple has managed to use
Samsung's "standards-essential" patents for no royalty at all, when it
is evident that all the others were paying something. In other words, Apple has,
whether legally or illegally is perhaps still to be determined, managed to get a
free ride over everyone else, who simply went and joined the consortium and
surrendered the right to sue each other about patents in the pool. Moreover,
Apple has reserved the right to sue anyone, including any members of the
consortium. And has been doing so, too.

I strongly suspect that everyone who is in the patent consortium feels that
Apple has much brass and furthermore that the current situation is both
inherently unfair to all of them, and extremely threatening; that they all
played by the rules they thought everyone had to follow, and Apple broke those
rules and has managed to get away with it. Of course, I could be wrong about
what they think. I am not privy to the opinions of any of the people who run any
of these companies.

It will be quite interesting to see how it all works out.

[ Reply to This | Parent | # ]

  • 1973Ex15 - Authored by: Anonymous on Thursday, September 20 2012 @ 10:21 PM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )