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| Authored by: cjk fossman on Thursday, October 11 2012 @ 11:13 PM EDT |
MS has a _huge_ legal department. Surely they have the
resources to find out if a patent is involved in their use of
a standard.[ Reply to This | Parent | # ]
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| Authored by: Ian Al on Friday, October 12 2012 @ 07:18 AM EDT |
In order to reduce the likelihood that owners of essential patents
will abuse their market power, many standards setting organizations, including
the IEEE and the ITU, have adopted rules related to the disclosure and
licensing of essential patents. The policies often require or encourage members
of the standards setting organization to identify patents that are essential to
a proposed standard and to agree to license their essential patents on RAND
terms to anyone who requests a license.
If Microsoft got a hold of
the standard and designed their product to comply with it, there is no way that
they could not know about the essential patents and the FRAND
declaration.
If they did not know the standard existed and designed
their product to be standards compliant by accident, well that would be another
matter. Then the discovery after they were taken to court that the standard and
the patent existed would justify their legal defence using the FRAND
argument.
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Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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