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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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Obligation to NEGOTIATE | 130 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Microsoft and Apple are NOT willing licensees
Authored by: Wol on Saturday, January 05 2013 @ 07:40 PM EST
As is evidenced (1) by their failure to negotiate, and (2) their total *lack* of
interest in taking a licence.

I would not call running to the courts in response to an *opening* offer a
"reasonable negotiation". And in the UK I'm pretty certain any company
stupid enough to try it would find they had upset the Judge rather badly just by
trying it on.

Not a good idea.

Cheers,
Wol

[ Reply to This | Parent | # ]

Obligation to NEGOTIATE
Authored by: jjs on Saturday, January 05 2013 @ 09:40 PM EST
And Moto has said they offered their standard OPENING offer
- they KNOW it'll get negotiated DOWN (not up).

Let's say you and I are negotiating a sale - I'm willing to
accept $50 for the item. Do I start negotiations at $50?
No, I ask $100, knowing you'll come back with a counter-
offer. Let's say you're willing to pay $60 - you don't
start your negotiation there, you offer $25. Now we go
through a few rounds of negotiation, and end up with
something between $50 and $60 (or no sale).

In this case, Moto opened negotiations, and MS went straight
to the courts - they failed to counter-offer. Not what I
would call "good faith."

---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

Motorola Tells Its FRAND Story to the Court in Seattle ~pj
Authored by: ukjaybrat on Monday, January 07 2013 @ 09:35 AM EST
"But they don't think Motorola's demands are reasonable"

This is where you show that you know absolutely nothing about
what is going on here. Motorola didn't "demand" anything. they
offered an openning bid into negotiations.

---
IANAL

[ Reply to This | Parent | # ]

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