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| Authored by: 351-4V on Monday, March 18 2013 @ 05:11 PM EDT |
This.
I understand that there are often times serious questions on either
side and that is why a judge or a court would get involved. But in the case of
these SEPs, if a company is using the patented technology and not paying even
one thin dime for that patent for years, there really is very little
recourse other than the threat of injunction in order to force the non-paying
party into serious negotiations. For the life of me, I cannot figure out how
barring injunctive relief under any circumstances is a solution to
anything.
As they say where I get my shirts pressed, "No tickee, no
laundry." [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, March 21 2013 @ 03:08 PM EDT |
No. The issue is: what do you do when someone
is not a willing
licensee? They can't exclude
a willing licensee under any circumstance. But
what
about when the company refuses to pay
anything? *Then* do you get to
exclude?
No, absolutely not. Are you actually being serious here
PJ? What is up, both
with your
ridiculous physical analogy and then crazy
stuff like this? FRAND means they
can't exclude
or get injunctive relief
because the damage can be made whole purely via
monetary means.
What do they
do? File a lawsuit, duh. Eventually, it'll work its way
through the
courts,
and at that point the court will decide a rate and direct Apple to pay,
possibly
with
retroactive damages depending on the scenario, possibly not.
There's no
prejudging the
case because there is no need for it. Apple hasn't
"escaped paying" for a
single solitary
thing, even if it takes years longer,
they will absolutely be on the hook. The
only question
is for how much, that's
the whole point of the lawsuit!
Motorola promised FRAND, and that means they
can't deny anybody, they've
agreed to be
made whole in any case purely by
money. If a company disagrees that
Motorola is being
FRAND (as Apple does, and
they've made a strong case for it) then off to the
courts, that's
what the
legal system is there for. [ Reply to This | Parent | # ]
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