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Authored by: Wol on Wednesday, February 27 2013 @ 04:32 PM EST |
And then what do you do if Company A and Company B have a "no cost"
cross-licencing agreement and Company A puts their patents into the FRAND pool?
Can Company C come along and say "hey Company B pays nothing so I should
pay nothing"?
Can Company C come along and say "hey Company B gave a licence to their
valuable patents so I should be able to give a licence to my worthless
patents"?
THAT is the big problem behind a fixed tariff. It doesn't work. On the other
hand, Motorola's attitude of "here's our fixed opening bid" is
perfectly in line with what you want - a *standard* rate of 2.25% that's open to
negotiation. Except MS didn't bother negotiating. They went screaming to the
courts.
I wonder - if the Judge is wising up - I hope he rules that "Motorola
offers *everybody* 2.25%, so that has to be FRAND. Pay up, MS, or else". I
wish ...
Cheers,
Wol[ Reply to This | Parent | # ]
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Authored by: cjk fossman on Wednesday, February 27 2013 @ 04:39 PM EST |
Don't know what you mean by 'way faster.'
Court schedules are jammed and won't get better any time soon
for lots of reasons.
If justice depends on speedy resolution, then there won't be
any.[ Reply to This | Parent | # ]
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