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Appeals court rules Apple can sue Motorola, creates claim chaos for Data Detectors - Page 2

post #41 of 44
Quote:
Originally Posted by Gatorguy View Post

Another big opinion from the ruling:

Contrary to Posner's original finding there is no general prohibition on injunctions concerning SEP patent infringements.
"To the extent that the district court applied a per se rule that injunctions are unavailable for SEPs, it erred. While Motorola’s FRAND commitments are certainly criteria relevant to its entitlement to an injunction, we see no reason to create, as some amici urge, a separate rule or analytical framework for addressing injunctions for FRAND-committed patents. . . an injunction may be justified where an infringer unilaterally refuses a FRAND royalty or unreasonably delays negotiations to the same effect."

In a nutshell Federal Court opinion is now that SEP's should be treated the same as all other patents and judges should simply use the 4 factors established in eBay/Merc to determine if an injunction might be appropriate. SEP's should not be singled out for different treatment.

In a dissenting opinion Chief Judge Rader went even further saying the court also erred by not allowing Motorola to prove Apple is an "unwilling licensee" and thus subject to a possible injunction for failing to take a license to Motorola's FRAND-pledged IP.

And Motorola violating FRAND terms by charging excessively, or if their patents had been exhausted, they simply would've lost their patent?

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #42 of 44
Quote:
Originally Posted by SpamSandwich View Post

And Motorola violating FRAND terms by charging excessively, or if their patents had been exhausted, they simply would've lost their patent?
Are you saying Motorola violated FRAND terms or just wondering what would happen if they did?
melior diabolus quem scies
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melior diabolus quem scies
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post #43 of 44
Quote:
Originally Posted by Gatorguy View Post

Are you saying Motorola violated FRAND terms or just wondering what would happen if they did?

Hypothetical.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #44 of 44
Quote:
Originally Posted by SpamSandwich View Post

Hypothetical.

Then I would assume it would end up in court where a judge would disallow their damage and royalty claims. Hypothetically.
melior diabolus quem scies
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