Is there evidence in this case that the defendant followed the procedure in the
Orange Book and is the Orange Book part of the law in the jurisdiction of this
case?
From Wikipedia:Orange-Book-Standard is a decision
issued on May 6, 2009 by the Federal Court of Justice of Germany (German:
Bundesgerichtshof, BGH) on the interaction between patent law and standards, and
more generally between intellectual property law and competition law. The Court
held that a defendant, accused of patent infringement and who was not able to
obtain a license from the patentee, may defend himself, under certain
conditions, by invoking an abuse of a dominant market
position.
Neither Apple nor Microsoft attempted to negotiate a
license and so they cannot claim to have been 'not able to obtain a license from
the patentee', the Orange Book is only controlling law in the jurisdiction of
the Federal Court of Justice of Germany and it only applies to patents that are
valid in Germany.
--- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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