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There are no agreements with the IEEE or the ITU | 60 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
sad that this is clear to everyone but this judge ...
Authored by: nsomos on Friday, July 05 2013 @ 12:13 AM EDT
That Microsoft has NOT negotiated at all and by going
directly to court is being totally unreasonable,
is clear to seemingly everyone, but not to this judge.

I would guess that even Microsoft knows they are being
unreasonable, but they think they can get away with it.

[ Reply to This | Parent | # ]

There are no agreements with the IEEE or the ITU
Authored by: Ian Al on Friday, July 05 2013 @ 04:41 AM EDT
There is only a unilateral letter to the IEEE and a unilateral declaration made
to the ITU.

A contract requires a bilateral meeting of the minds to be legally binding.
There is no documentation of any agreed meeting of the minds between Motorola
and the IEEE or ITU. There is no documentation that meets US law as an agreed
contract.

Microsoft cannot be a third party beneficiary of a contract that does not exist
and, even if it did, was let in a jurisdiction that does not recognise the third
party beneficiary principle.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

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