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Google, Samsung and others sued by Rockstar consortium over Nortel patents - Page 3

post #81 of 88
Quote:
Originally Posted by Gatorguy View Post

How so? Were they invited to and declined?

Yes, if I remembered correctly. There was a couple articles on AI.

Oh and this: http://m.networkworld.com/community/blog/google-had-opportunity-join-group-won-nortels-6000-patents?mm_ref=https%3A%2F%2Fwww.google.com%2F#mobify-bookmark
post #82 of 88
Quote:
Originally Posted by jungmark View Post

Yes, if I remembered correctly. There was a couple articles on AI.

Oh and this: http://m.networkworld.com/community/blog/google-had-opportunity-join-group-won-nortels-6000-patents?mm_ref=https%3A%2F%2Fwww.google.com%2F#mobify-bookmark


Then you'd be mistaken just as the author of the blog you linked was. Read what he wrote slowly and carefully. He's confused one company for another same as you've done. Not entirely your fault tho since the names are somewhat similar. You're hardly the first or probably the last to mistake Novell for Nortel.

There's no evidence Google was asked to join Rockstar on the Nortel patents.
Edited by Gatorguy - 11/12/13 at 8:55am
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post #83 of 88
Wow, this news flew under the radar. Apple is going to court over claims the iPhone infringes on IP that essentially makes a smartphone, well. . . a smartphone.

And that drumbeat that software patents protect the small inventor rolls on.

http://www.bloomberg.com/news/2013-11-12/apple-heads-to-trial-with-inventor-over-smartphone-patent.html
Edited by Gatorguy - 11/12/13 at 9:18am
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post #84 of 88
Quote:
Originally Posted by Gatorguy View Post

Wow, this news flew under the radar. Apple is going to court over claims the iPhone infringes on IP that essentially makes a smartphone, well. . . a smartphone.

And that drumbeat that software patents protect the small inventor rolls on.

http://www.bloomberg.com/news/2013-11-12/apple-heads-to-trial-with-inventor-over-smartphone-patent.html

Software patents protect those who own them, be they small or large.

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post #85 of 88
Quote:
Originally Posted by TeeJay2012 View Post


Unlikely with what has been happening, that they are SEPs. So I suspect that there will be some crosslicensing with Google to Apple's benefit, rather than demanding a work around or royalties.

Allegedly, and surprisingly, Rockstar is asserting FRAND-pledged patents in some of the lawsuits. Keep in mind that even tho Rockstar is owned in part by Apple they are operated as a separate company. 1wink.gif
http://www.essentialpatentblog.com/2014/01/rockstar-sued-by-arris-who-manufactures-equipment-sold-to-cable-operators-involved-in-rockstar-litigation/
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post #86 of 88
Quote:
Originally Posted by Gatorguy View Post


Allegedly, and surprisingly, Rockstar is asserting FRAND-pledged patents in some of the lawsuits. Keep in mind that even tho Rockstar is owned in part by Apple they are operated as a separate company. 1wink.gif
http://www.essentialpatentblog.com/2014/01/rockstar-sued-by-arris-who-manufactures-equipment-sold-to-cable-operators-involved-in-rockstar-litigation/

 

Nortel had gone bankrupt. I think there's a case to be made that all agreements previously made under a bankrupt company were invalidated with their demise. When Rockstar bought Nortel's IP, it was tabula rasa time going forward.

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post #87 of 88
Quote:
Originally Posted by SpamSandwich View Post

Nortel had gone bankrupt. I think there's a case to be made that all agreements previously made under a bankrupt company were invalidated with their demise. When Rockstar bought Nortel's IP, it was tabula rasa time going forward.

Untrue. Apple, Microsoft, Google or any other bidders were obligated to honor existing licensing agreements if they won per the bankruptcy judge, which they knew when bidding. In addition and in order to be approved the Rockstar Bidco group made an agreement with US regulators that SEP's would be fairly licensed and not used as offensive weapons. It would appear Rockstar Consortium is now ignoring those commitments.

But how could they renege on those agreements? Didn't they promise not to do just what they're now doing? Not according to Rockstar CEO Veschi who claims they don't have to honor any promises made by the bidders. “We are separate,” he says. “That does not apply to us.”

Up until now some of the AI commenters may not have been totally comfortable with troll-like patent assertions but they took solace in a belief that the Apple-led consortium wouldn't be using SEP's to do the dirty work unlike Samsung and Motorola so it was still OK. Instead welcome to the club. There's plenty of dirty tactics to go around for everyone. Clean hands not welcome.
Edited by Gatorguy - 2/2/14 at 5:58am
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post #88 of 88
Quote:
Originally Posted by Gatorguy View Post


Allegedly, and surprisingly, Rockstar is asserting FRAND-pledged patents in some of the lawsuits. Keep in mind that even tho Rockstar is owned in part by Apple they are operated as a separate company. 1wink.gif
http://www.essentialpatentblog.com/2014/01/rockstar-sued-by-arris-who-manufactures-equipment-sold-to-cable-operators-involved-in-rockstar-litigation/

Seems that Rockstar is suing third party licensees for patent infringement. The third party is claiming that Arris had already paid for the Nortel licenses and therefore the royalty had already been exhausted when they licensed that the technology that included those patents from Arris and therefore, shouldn't have to pay for the same licenses again. Sounds like the same BS Motorola/Google tried to do when they sued Apple for infringement for Motorola patents used in Qualcomm chips. Chips that Qualcomm paid Motorola licenses for and Apple later licensed from Qualcomm. Motorola/Google wanted FRAND licenses from Apple based on the retail cost of the device the chip was used in. Apple won their case when it was thrown out of the courts. I'm not sure of the license agreement Arris had with Nortel but wouldn't be surprise if it also get thrown out if it can be proven that the royalty for the Nortel patents were exhausted when Arris paid for the licenses. Just like when Qualcomm paid for Motorola licenses.

 

But no where I read does it state that Rockstar is reneging on their agreement concerning SEP patents, FRAND and honoring pre-existing Nortel licenses. The issue seems to be about third party using Nortel patents when they purchase devices from Arris. The third party do not have a pre-existing SEP, FRAND license with Nortel. It is Arris that has the Nortel license and they don't seem to be the one being sued. Though Arris is suing Rockstar on behave of their customers that are paying them to use their devices. But I may be wrong, as the suit gets confusing to follow after a while. 

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