Tag Archives: FRAND

Apple strikes licensing deal with Motorola in Germany, heralds more peaceful times?

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Apple strikes licensing deal with Motorola in Germany

Motorola's war with Apple has certainly been overshadowed by the showdown with Samsung. But, with the latter melodrama shifting into quiet mode, focus is coming back to the battle with Moto. That ongoing story has taken a rather unexpected turn, however. A filing on Monday revealed that the Google subsidiary has agreed to license some (if not all) of its standards-essential patents to Cupertino... in Germany, at least. When exactly the deal was struck isn't clear, and neither side has announced a royalty rate as of yet. It could be that the German courts will decide what is appropriate according to FRAND rules, but the agreement also includes an admission by Apple that it is liable for past damages relating to these patents. The terms seem to include only "cellular standard-essential" patents, which means the company's claims regarding WiFi and video codecs could still be used as an avenue of attack. But, with at least one set of FRAND patents set aside, we wouldn't be surprised if the rest followed. It may be that Moto has simply decided to pick its fights more carefully, in light Apple's recent legal victory and growing pressure from the European Commission surrounding potential abuse of standards-essential patents. Or, it could be an olive branch and a sign that the patent wars are winding down -- a possibility we'd joyously embrace.

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Apple strikes licensing deal with Motorola in Germany, heralds more peaceful times? originally appeared on Engadget on Tue, 28 Aug 2012 10:17:00 EDT. Please see our terms for use of feeds.

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ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge

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Droid RAZR and iPhone 4S

Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn't violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn't entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn't violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock -- we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn't lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what's become a high-stakes game.

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ITC decides Apple didn't violate Motorola WiFi patent after all, tosses case back to judge originally appeared on Engadget on Fri, 24 Aug 2012 18:17:00 EDT. Please see our terms for use of feeds.

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Post-acquisition Motorola files fresh ITC complaint against Apple

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Motorola RAZR and iPhone 4S

We hope you didn't think that Motorola would fight a purely defensive patent war against Apple after Google's acquisition closed. Just days before a final ruling on its initial complaints, the RAZR maker has filed another dispute with the International Trade Commission that accuses Apple of violating patents through some iOS devices and Macs. Exact details of the dispute are under wraps for now; Motorola, as you'd imagine, only contends that it has no choice after Apple's "unwillingness to work out a license." While Apple hasn't said anything about the subject, we already know how much it disagrees with Motorola's previous licensing strategy -- it's unlikely Apple will just roll over, no matter what's at stake.

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Post-acquisition Motorola files fresh ITC complaint against Apple originally appeared on Engadget on Fri, 17 Aug 2012 19:25:00 EDT. Please see our terms for use of feeds.

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ITU wants to bring smartphone makers to peace talks, hash out patent wars

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ITU wants to bring smartphone makers to peace talks, hash out patent wars

The United Nations defines the stereotype of a peace broker, so it's not that far-fetched to hear that its International Telecommunication Union (ITU) wing is hoping to step in and cool down the rapidly escalating patent world war. The organization plans to convene a Patent Roundtable on October 10th -- in neutral Geneva, Switzerland, of course -- to have smartphone makers, governments and standards groups try and resolve some of their differences. Those mostly concerned about Apple's actions won't be happy with the focus of the sit-down, however. Most of the attention will surround allegations that companies are abusing standards-based patents, which will put the heat largely on a Google-owned Motorola as well as Samsung. Still, there's hope when the the ITU's Secretary-General Dr. Hamadoun Touré talks of desiring a "balancing act" between what patent holders want and what customers need. Our real hope is that we don't have to hear talk of customs delays and product bans for a long while afterwards.

[Image credit: Patrick Gruban, Flickr]

ITU wants to bring smartphone makers to peace talks, hash out patent wars originally appeared on Engadget on Fri, 06 Jul 2012 17:44:00 EDT. Please see our terms for use of feeds.

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Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents

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Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents

It's been far too quiet on the litigation front here at Engadget lately, but thankfully Apple's broken our courtroom news dry spell with a freshly filed counterclaim in the Eastern District of Virginia federal court. FOSS Patents reports that Apple's target is HTC, who Apple claims has abused two patents essential to the 4G/LTE wireless standard by using them in a legal action against Cupertino. In doing so, Apple asserts HTC breached its FRAND licensing obligations. The counterclaim was filed in response to an HTC-initiated complaint in the ITC, and comes hot on the heels of Apple's recent win in that case where it managed to exclude some Google patents that the Taiwanese firm borrowed to take Apple down. Will this new legal action meet the same success? We'll have to wait for lady justice to do her thing to find out, but in the meantime you can check out the source link for more.

Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents originally appeared on Engadget on Fri, 22 Jun 2012 16:23:00 EDT. Please see our terms for use of feeds.

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Judge puts Apple vs. Motorola hearing back on deck, asks the two to put up or shut up

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Motorola Droid RAZR and iPhone 4S

Well, we did ask you to "tune in next week." Just seven days after he tentatively dismissed one of Apple's patent lawsuits against Motorola, Judge Richard Posner has given both sides a chance to prove their cases are worthwhile in a hearing on June 20th. As both sides are claiming damages, Posner wants them to explain if and how they're entitled to a payout should they win, including the possibility of a modest royalty instead of lump sums. Motorola is getting extra scrutiny since it's using standards-based patents that have drawn flak from lawmakers -- it will likely have to say how it thinks FRAND (fair, reasonable and non-discriminatory) licensing requirements for its 3G patent fit into its claims. The judge clearly warns that progress is contingent on Apple and Motorola meeting legal standards; if they fall short, it's not likely they'll get a third chance. Any success will revive the possibility of preliminary product bans, though, and that's something that most won't find something to cheer about.

Judge puts Apple vs. Motorola hearing back on deck, asks the two to put up or shut up originally appeared on Engadget on Thu, 14 Jun 2012 16:19:00 EDT. Please see our terms for use of feeds.

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InterDigital’s Bill Merritt on patent trolls, standards development and disputes with the big boys

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The Engadget Interview InterDigital CEO Bill MerrittYou probably won't know the name, but you most certainly use its technology on a daily basis. InterDigital is a pioneering company that helped develop WCDMA, 3G and HSDPA during its 50-year history. It counts former Apple CEO Gil Amelio as one of its directors, but the only time you'll ever hear its name is when it's embroiled in litigation.

Either because it's suing, or being sued for licensing fees in the complex, murky world of wireless technologies, it's easy to get the idea that InterDigital is a patent troll. A name that, both Nokia and most recently, Huawei have barely stopped short of throwing at the company.

But what's it like being painted as the villain in the wireless business pantomime? Company president and CEO William "Bill" Merritt took the time to answer some of our questions, talk about what the company actually does, what's in the future and why they definitely aren't a patent troll.

Continue reading InterDigital's Bill Merritt on patent trolls, standards development and disputes with the big boys

InterDigital's Bill Merritt on patent trolls, standards development and disputes with the big boys originally appeared on Engadget on Thu, 14 Jun 2012 10:00:00 EDT. Please see our terms for use of feeds.

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Congressmen tell ITC to lay off Microsoft in Xbox patent litigation

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Congressmen tell ITC to lay off Microsoft in Xbox patent litigation

If the ITC didn't enjoy being told what to do by the FTC, it's probably less thrilled that Congress (and Apple) has joined in. The ITC found that the Xbox 360 violated four of Motorola's patents back in April, and when a final ruling is made, could see the console banned from sale. Several members of the chamber have voiced their disapproval of any such ban, with similar words of support coming from Apple's lawyers, accusing Motorola of abusing FRAND patents. After this deluge of letters, we're half expecting ITC chief Deanna Okun to start shouting "Don't tell me what I can't do!" at passers-by.

Congressmen tell ITC to lay off Microsoft in Xbox patent litigation originally appeared on Engadget on Wed, 13 Jun 2012 09:28:00 EDT. Please see our terms for use of feeds.

Permalink PC World  |  sourceDave Reichert (Scribd), Mark Davis (Scribd)  | Email this | Comments

FTC tells ITC that bans over standards-based patents aren’t kosher, looks warily at Motorola and Samsung

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Motorola Droid RAZR and Apple iPhone 4

Most of the scrutiny over abuse of standards-based patents has come through European Union investigations of Motorola and Samsung. That attention might come to the US if the Federal Trade Commission has its way. It just sent a letter to the International Trade Commission arguing that companies should be blocked from landing bans if they base their disputes on standards. These kinds of blockades "deter innovation" and spur companies to try for much more of a cash windfall from a patent than it's really worth, the FTC argues. The letter doesn't directly accuse anyone of getting their fingers dirty, but there's little doubt that it's referring to Motorola (now part of Google) and Samsung: their varying ITC disputes against Apple and Microsoft are often based around standards patents for technologies like 3G and H.264 video, which aren't supposed to demand legal action except as a last resort. An angry FTC missive doesn't constitute a formal investigation that would actively worry either Motorola or Samsung, but it certainly fires a warning shot across the bow.

FTC tells ITC that bans over standards-based patents aren't kosher, looks warily at Motorola and Samsung originally appeared on Engadget on Thu, 07 Jun 2012 18:24:00 EDT. Please see our terms for use of feeds.

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Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they’re playing patent footsie (updated)

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European Union flags

The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android.

Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future.

Update: Nokia's decided to have its say, in an email to Reuters:

"Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."

Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated) originally appeared on Engadget on Thu, 31 May 2012 18:42:00 EDT. Please see our terms for use of feeds.

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