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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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Maybe a dumb question | 137 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Maybe a dumb question

Authored by: Anonymous on Thursday, November 15 2012 @ 09:58 AM EST

Sorry I did not express this clearly before. How can an obligation to negotate a
fair, reasonable and non-discriminatory license be broken if the other party
does not negotiate. I understand that of there had been a process of offer and
counter offer and Motorola would not move from a rate that there could be a
challenge to the rate a seither unfair, unreasonable or discriminatory but if
one side refuses to negotiate how can they then sue that the other side will not
negotiate a FRAND license?

The only argument would be if the initial offer was so outrageous that it showed
an intent not to negotiate in good faith but this seems a very big stretch as
every negotiation starts with a high offer.

Not being a lawyer I do not know the terms but there must be a provision that
you cannot sue someone over a breach of contract that you created.

[ Reply to This | Parent | # ]

perhaps MS should be 'forced' to negotiate - Authored by: nsomos on Thursday, November 15 2012 @ 10:13 AM EST
- why negotiate? I think we can make this simple and fair - Authored by: mcinsand on Thursday, November 15 2012 @ 11:06 AM EST
  - why negotiate? I think we can make this simple and fair - Authored by: Anonymous on Thursday, November 15 2012 @ 11:24 AM EST
    - not a problem at all - Authored by: mcinsand on Thursday, November 15 2012 @ 11:33 AM EST
      - a bit more... separate from MS' valuations - Authored by: mcinsand on Thursday, November 15 2012 @ 11:47 AM EST

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