Originally Posted by Tallest Skil
Except it's FRAND and you can't do that. FRAND have to be licensed.
Not that simple. If an offer is made for a FRAND patent that is unfair, unreasonable, or discriminatory, then a patent owner does
have the right to reject the offer.
Motorola has to offer initial terms.
Apple can accept them, or else they can come back with a counter-offer.
Motorola can consider Apple's counter-offer, and determine whether that counter-offer really is F
air (not forcing either party to purchase bundled licenses for unreleated technologies they don't need, not forcing either party to sub-license other tech, etc), R
easonable (not charging Apple disproportionately more or less than any of the other existing licensees), A
iscriminatory (not singling out Apple to have different terms and conditions than would have applied to other licensees).
If Apple's counter-offer didn't meet these requirements, then Apple's counter-offer wouldn't qualify as FRAND, and Motorola would be completely within its rights to reject the counter-offer. And then
they could start seeking injunctions.
Then, Apple's options would include, (but not necessarily limited to):
1) Seek legal relief to invalidate the patent,
2) Find a way to work-around the patent (or exhaust it by some other means),
3) Come back to the table with terms that are
FRAND (which Motorola would be compelled
to accept, or else
4) Stop violating by removing the violating products from the market.