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| Authored by: tinkerghost on Tuesday, November 06 2012 @ 11:26 AM EST |
As far as I can read from this lawsuit, Apple is
still not paying
motorola
anything for its standards essential patents (SEPs).
You
are correct - Apple is still paying nothing
Let's assume that this
ruling stands upon appeal. Doesn't
Motorola still need to sue Apple to pay a
royalty for those
SEPs?
Yes they need to sue to get royalties -
and an injunction is
how they get Apple to come to the table.
And
as far as I can tell, those SEPs are still subject to
FRAND/RAND licensing
terms. So if Motorola and Apple can't
come to agreement, a court will
eventually decide the rate
anyway.
Not necessarily. Motorola
isn't obligated to license the
patents at a price Apple finds reasonable, only
one that the
industry finds reasonable. Motorola only has to show that a
pre-discouted* rate of 2.25% has been accepted by another
company as
reasonable & Apple can go sit in a warehouse &
play with all the pretty
rounded corners it can't sell.
* - It is my understanding that 2.25% is the
base rate
Motorola offers companies. It then reduces the rate based on
the
value of the cross licensed patents involved in the
negotiations. So if Samsung
offers to license it's patents
to Motorola, the rate may be .5%. Bob's Discount
Phones
doesn't have any patents to license, so it is stuck paying
the whole
2.25% if it can't negotiate a better deal.---
You patented WHAT?!?!?! [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, November 06 2012 @ 11:26 AM EST |
Only if Apple continues to refuse to come to the negotiating table in good
faith!
RAS[ Reply to This | Parent | # ]
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