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Authored by: Anonymous on Friday, May 10 2013 @ 05:35 PM EDT |
I believe you are wrong, good sir. While someone who has a FRAND-encumbered
patent must offer it up on reasonable terms, if a licensee is not willing to
negotiate in good faith for a reasonable and non-discriminatory license, the
patent owner should have every right not to license to the abusive licensee.
FRAND does not mean a compulsory license and never has. It means offering a
fair deal to anyone who asks. If a fair and non-discriminatory license is not
accepted by the licensee, what recourse should the licensor have?
You must also keep in mind that FRAND terms have existed for decades and that
there is a way that things have been done. Taking injunctive relief off the
table at this point in the industry's existence is like removing the penalty for
off-sides at half time once your opponent has the ball (off-sides is almost
always a penalty on the defense). These were not the rules that everyone
understood when they offered their patents to the standards.[ Reply to This | Parent | # ]
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