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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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Giving you the benefit of doubt - a few points | 264 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Giving you the benefit of doubt - a few points
Authored by: PJ on Thursday, December 13 2012 @ 02:41 PM EST
Incidentally, your description of Apple's position is also factually wrong. Apple was not willing to accept the court's FRAND rate unless it liked it, so she decided not to set one. But don't take it from me. Here's the judge herself in her Nov. 2nd order:
Since issuing the October 29 order, it has become clear that Apple’s interest in a license is qualified. In its response to Motorola’s motion for clarification on the specific performance issue, Apple states that it will not commit to be bound by any FRAND rate determined by the court and will not agree to accept any license from Motorola unless the court sets a rate of $1 or less for each Apple phone. Apple’s Resp. Br., dkt. #448 at 8. In other words, if Apple is unsatisfied with the rate chosen by the court, it “reserves the right to refuse and proceed to further infringement litigation.” Id. at 2. Despite its position, Apple maintains that it is entitled to specific performance in the form of the court determining what a FRAND rate is for Motorola’s patents. At the final pretrial conference, I asked Apple to explain why it believed the court should determine a FRAND rate even though the rate may not resolve the parties’ licensing or infringement disputes. I questioned whether it was appropriate for a court to undertake the complex task of determining a FRAND rate if the end result would be simply a suggestion that could be used later as a bargaining chip between the parties. Apple responded that the rate would resolve the dispute in this particular case, namely, whether Motorola’s license offer was FRAND and if not, what the rate should have been.

Apple’s response was not satisfactory and did not assuage my concerns about determining a FRAND rate that may be used solely as a negotiating tool between the parties. After further consideration, I believe it would be inappropriate to grant Apple’s clarified request for specific performance.

How can you be a lawyer if you miss such obvious things? If you are, or you are not, I would ask you to stop pretending to know things you do not know, and at least research before you make assertions on Groklaw. I don't care what you do elsewhere, as I am not your mom. But here, I care about accuracy, and you are not meeting the bar set for that on Groklaw.

[ Reply to This | Parent | # ]

Giving you the benefit of doubt - a few points
Authored by: Anonymous on Thursday, December 13 2012 @ 02:45 PM EST
It was back to square one for FRAND claims and defenses. But
you know that.

[ Reply to This | Parent | # ]

  • Ouch - Authored by: cjk fossman on Thursday, December 13 2012 @ 04:29 PM EST
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