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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.

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Applause!! | 141 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Applause!!
Authored by: Anonymous on Wednesday, November 14 2012 @ 05:42 PM EST
General congratulations. Block away, we have no desire to hear more from him.

I hope that this does come back to bite MS. At present, there is only one offer
on the table, Samsung's. A just court would simply accept that.

Judge: "I rule that Microsoft has made some good points, my decision is
that the amount should be halfway between Sumsung and Microsoft's best offers.
Oh, MS hasn't made an offer? Ah well, Samsung's initial offer stands."

[ Reply to This | Parent | # ]

  • Applause!! - Authored by: Anonymous on Wednesday, November 14 2012 @ 06:22 PM EST
PJ supports FRAND Abuse
Authored by: charlie Turner on Wednesday, November 14 2012 @ 07:18 PM EST
Your ability to remain patient, and slow to anger always amazes me. The example
you set is a yardstick for all to measure up to! :) l

[ Reply to This | Parent | # ]

PJ supports FRAND Abuse
Authored by: Anonymous on Thursday, November 15 2012 @ 09:47 AM EST
Hey PJ-

Maybe you can clarify a bit. My understanding was that the trial was going to be
broken into two parts. The first part related to setting a reasonable FRAND/RAND
range or (hopefully) a formula to do this so that parties can come together out
of court and reach an agreement without wasting time and money. The second part
of the trial was going to determine whether Motorola had violated its agreement
with standards bodies. This is from an article published in Ars technica
yesterday (which is obviously not a legal site). Did they get their info wrong?
Is the second part of the trial canceled now? If not, wouldn't violating
agreements with standards bodies be the equivalent of FRAND abuse or is there a
legal distinction I'm missing?

Also, is there a royalty level the judge would determine that in retrospect
would have you would consider the 2.25% offer to not be a serious offer? For
instance, if the judge found that a royalty rate of 0.025% (100x lower) was
appropriate for these patents, would you acknowledge after the trial that
Motorola's offer was more an attempt to leverage SEPs in a defensive manner
rather than negotiate in good faith?

I understand that you believe that Apple and Microsoft are trying to overvalue
their patents (most of which aren't standards essential and have no licensing
restrictions) and undervalue Motorolas (many of which are SEPs and do have
licensing restrictions), but are there any potential outcomes where you would
feel Motorola overplayed its hand, or do the ends justify the means in this
case?

[ Reply to This | Parent | # ]

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