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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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Still not listing a single verifiable fact! Still avoiding answering! | 264 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Still not listing a single verifiable fact! Still avoiding answering!
Authored by: Anonymous on Wednesday, December 12 2012 @ 05:23 PM EST
I apologize, and I don't mean to be harsh, but I honestly
assume good faith and a lack of... denseness on the ability
of readers. I assume a working knowledge of IP and patent
law, or at least a background sufficient to understand basic
treatises like Nimmer. I would normally expect someone to
read and understand a court filing like RealTek and
understand why it applies, so that I wouldn't have to go
through the whole "in the past, it was assumed that
injunction could not issue from a FRAND patent etc.". I
would assume that the never-before started investigations by
*every major* anti-trust authority in the world would be
some sort of evidence. Or reading through the "other parts"
of opinion which are so regularly cited on this and other
webcites (such as Posner). There are basic issues in the
law.

Again, if you're interested in this from the POV of a
regular consumer (as opposed to a partisan), the trend
toward litigating FRAND patents is a very, very bad one.

But I will try one last time to explain this to you.

This is how this type of litigation (between large, sophisticated tech
companies) works-

A and B size each other up, and start hurling their piles of
patents at each other. The rule of thumb is, he with the
bigger pile of patents wins. They keep doing this until
eventually, they reach an agreement. This happens *all the
time* (see, for example, Nokia and Apple).

Same thing here. Main difference is that there was a greater
disparity in unencumbered patents. So the QE strategy has
been to weaponize the encumbered patents (and/or come up
with other novel theories, like assigning patents). How? By
refusing to license them on fair and non-discriminatory
rates (aka the same as others). Then demanding an
injunction.

Personally, I think it's a bad idea as a matter of law, and
any short-term gains will come at long-term anti-trust
losses. But I am singularly amazed that people who are
generally anti-(current IP) patent regime so easily excuse
this.

Put another way- Red Sox are awesome; Yankees suck.

[ Reply to This | Parent | # ]

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