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Authored by: Anonymous on Tuesday, February 26 2013 @ 02:34 PM EST |
Shorn Lamb should invest a little of the money at risk of litigation
in R&D to find a workaround exceeding Platinum Book Standards
without infringing Wolf Industries patents. Then they can advertise
their products as "better than Platinum Book".
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Authored by: Anonymous on Tuesday, February 26 2013 @ 04:22 PM EST |
Non-discriminatory appears to me to specifically disallow prosecuting an SEP
against someone for any reason other than them failing to take a license, and to
specifically disallow refusing them a license for any reason other than
unwillingness to pay the FR rate.
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Authored by: macliam on Tuesday, February 26 2013 @ 04:34 PM EST |
Scenario, as before, except that Wolf Patent B is in fact a good quality patent
that is the fruit of costly development work. Shorn Lamb can only use Patent C
defensively. Shorn Lamb seeks to avoid licensing Wolf Patent B on reasonable
terms, arguing that if Wolf Technologies were to attempt to sue them over
infringement of Patent B, then they can assert Patent C defensively against Wolf
Technologies, and moreover, Wolf Technologies, as the plaintiff, could not also
sue them over Patent A without breaching the FRAND undertaking.
If injunctions are sought, then it would seem to me that the matter ought to be
brought before a District Court "sitting in equity" to determine which
of the parties has justice on its side and is therefore entitled to equitable
relief.[ Reply to This | Parent | # ]
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