(These are all checked against the PDF. Many thanks for doing this part of
it as text, because the poor focus on the scan makes my eyes
hurt.)
Paragraph 1: License → license
FRAND
requires a firm to offer a License on reasonable
terms.
Paragraph 2, near the beginning: extraneous space before
footnote reference
invoking non-FRAND encumbered implementation
patents. 15
Paragraph 2, about 2/3 through:
questiou → question
In either case, competition in the
product market covered by the patents in questiou will
suffer.
Paragraph 2, next sentence: implementatjon →
implementation
If, however, the SEP holder is allowed
defensively to seek an injunction, it can force the implementatjon patent
holder to the bargaining table
Paragraph 3, sentences 2-4:
oftreating → of treating, opportunisticaJiy → opportunistically,
de{i:msively → defensively, bold-up → hold-up, jf → if, poUcy
→ policy, m → in
Instead oftreating labels
such as FRAND as a substitute for analysis, the ITC (as well as competition
agencies and federal courts) should focus on the fact-specific context of the
bargaining relationship between the parties. In evaluating the facts, the ITC
should ask whether the SEP holder is seeking opportunisticaJiy to evade
its FRAND commitment, or, rather, is de{i:msively using its patent to
preclude opportunistic bold-up by the other negotiating party. In other
words, jf (as RIM believes) the overarcbing poUcy goal of FRAND is
viewed as the avoidance of hold-up and the promotion of standards-based
competition, there are circumstances m which a defensive injunctive
threat by an SEP holder is procompetitive (and thus in compliance with a FRAND
undertaking)
End of paragraph 4: The "Conclusion" section title
is attached to the end of the paragraph instead of being on its own
line.
In sum, a "no injunctions" rule subject to no exceptions
would undercut the consumer welfare and competition goals ...
Conclusion
Also, footnote 16 at the bottom doesn't seem
to be referenced in the quoted text and could probably be deleted. [ Reply to This | Parent | # ]
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