Motorola seeking 2.25% of Apple's sales for standard-essential patent license

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  • Reply 121 of 139
    Quote:
    Originally Posted by Gatorguy View Post


    IIRC, that's the settlement Apple made with Nokia, agreeing to give a percentage of iPhone sales revenue to them in exchange for use of Nokia's IP.



    I thought the Apple/Nokia agreement is all just rumor and heresay with nobody really knowing the details? Sort of like the agreements MS has. Everyone keeps throwing around figures like $5-$15 per phone but I've never seen any of that confirmed.
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  • Reply 122 of 139
    gatorguygatorguy Posts: 24,771member
    Quote:
    Originally Posted by EricTheHalfBee View Post


    I thought the Apple/Nokia agreement is all just rumor and heresay with nobody really knowing the details? Sort of like the agreements MS has. Everyone keeps throwing around figures like $5-$15 per phone but I've never seen any of that confirmed.



    AI ran an article on that here:

    http://www.appleinsider.com/articles...ith_apple.html



    Based on the one-time royalty payment of Euro 430 that was publicly reported, Apple is probably paying a bit less than 1% of their iPhone sales revenues ( and probably 3G iPad sales) as an on-going license fee to Nokia. Actually a pretty good deal for Apple since there was no way they were going to successfully argue that they weren't using Nokia's IP without permission (stealing?).
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  • Reply 123 of 139
    galbigalbi Posts: 968member
    Quote:
    Originally Posted by Steven N. View Post


    That is the difference between FRAND based patents that form a standard and those patents that do not form a standard but can be just as hard to design around.



    Designs "patents" can be easily worked around. With the current rules, as long as one characteristic of a "patent" is not met, it isnt infringing.



    Standard bearing patents are extremely hard to work around as it is dealing with the actual technology itself.



    This is why design "patents" dont get the same weight as regular and real patents. Hence, why Apple just likes to call foul on the technicality of the patents not on its substance.
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  • Reply 124 of 139
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by Gatorguy View Post


    IIRC, that's the settlement Apple made with Nokia, agreeing to give a percentage of iPhone sales revenue to them in exchange for use of Nokia's IP.



    You have a copy of the agreement?



    There was a $600 million payment that showed up in Nokia's books, how do you know it wasn't a one off?
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  • Reply 125 of 139
    gatorguygatorguy Posts: 24,771member
    Quote:
    Originally Posted by hill60 View Post


    There was a $600 million payment that showed up in Nokia's books, how do you know it wasn't a one off?



    I believe it probably wasn't. Are you of the opinion it was a one-time payment with no ongoing royalties? If so you are almost certainly wrong.
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  • Reply 126 of 139
    muppetrymuppetry Posts: 3,331member
    Quote:
    Originally Posted by Galbi View Post


    Hence, why Apple just likes to call foul on the technicality of the patents not on its substance.



    I have no idea what you mean by that. Could you explain?
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  • Reply 127 of 139
    gatorguygatorguy Posts: 24,771member
    Apple can't argue they aren't using Moto's IP since it's deemed an essential standard, meaning the iPhone couldn't operate without it. Apple is arguing other points instead.
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  • Reply 128 of 139
    muppetrymuppetry Posts: 3,331member
    Quote:
    Originally Posted by Gatorguy View Post


    Apple can't argue they aren't using Moto's IP since it's deemed an essential standard, meaning the iPhone couldn't operate without it. Apple is arguing other points instead.



    Oh I see. Or rather I see the meaning, but not the relevance to the argument. Apple have disputed some patents on validity, and this one on terms (not really a technicality either). That doesn't seem to reflect in any way on their preferences - it just indicates what they see wrong with this case.
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  • Reply 129 of 139
    gatorguygatorguy Posts: 24,771member
    Quote:
    Originally Posted by muppetry View Post


    Oh I see. Or rather I see the meaning, but not the relevance to the argument. Apple have disputed some patents on validity, and this one on terms (not really a technicality either). That doesn't seem to reflect in any way on their preferences - it just indicates what they see wrong with this case.



    I don't see the relevance either.
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  • Reply 130 of 139
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    Appeals to authority are not a good way to prove a point. They are based, in essence, on faith, rather than on fact.



    I might believe Muller if he cites facts for his opinion. But unless he does, you trust that he is correct.



    Maybe he is. But I have less than full faith.



    It is, of course, relevant when he clearly knows somewhere between 50,000 and 100,000 times as much about patent law and licensing as you do. Given the choice between believing him and believing you, anyone in their right mind would believe him before you.
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  • Reply 131 of 139
    Quote:
    Originally Posted by jragosta View Post


    It is, of course, relevant when he clearly knows somewhere between 50,000 and 100,000 times as much about patent law and licensing as you do. Given the choice between believing him and believing you, anyone in their right mind would believe him before you.





    "Muller said it.

    I believe it.

    And that's it."





    Got it.
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  • Reply 132 of 139
    I'm with Barrak Obama on this one "Patient reform" as he has mentioned in the past
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  • Reply 133 of 139
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by Gatorguy View Post


    I believe it probably wasn't. Are you of the opinion it was a one-time payment with no ongoing royalties? If so you are almost certainly wrong.



    I'm of the opinion that no-one knows, apart from a select few people at Apple and Nokia.
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  • Reply 134 of 139
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    "Muller said it.

    I believe it.

    And that's it."





    Got it.



    People in courts said it.



    Mueller reported it



    It forms part of the information required upon which to base a belief.



    Get it?
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  • Reply 135 of 139
    gatorguygatorguy Posts: 24,771member
    Quote:
    Originally Posted by hill60 View Post


    I'm of the opinion that no-one knows, apart from a select few people at Apple and Nokia.



    Perhaps you should reconsider your opinion then. I figured you were arguing just to argue and somewhat surprised you weren't aware of this. It was widely reported, even by AI.



    Quote:
    Originally Posted by hill60 View Post


    There was a $600 million payment that showed up in Nokia's books, how do you know it wasn't a one off?



    From Nokia's press release on the settlement: "...The financial structure of the agreement consists of a one-time payment payable by Apple and on-going royalties to be paid by Apple to Nokia for the term of the agreement..."

    http://press.nokia.com/2011/06/14/no...nt-with-apple/



    While the details are unpublished, the basic settlement terms are very public.

    They include the one-time payment and on-going royalties to use Nokia's IP as well as granting a license to Nokia for some of Apple's patents, including even some "innovations that make the iPhone unique" as Apple put it.



    Apple confirmed that part at AllThingsD.

    “Apple and Nokia have agreed to drop all of our current lawsuits and enter into a license covering some of each others’ patents, but not the majority of the innovations that make the iPhone unique,” the company said. “We’re glad to put this behind us and get back to focusing on our respective businesses.”
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  • Reply 136 of 139
    stelligentstelligent Posts: 2,680member
    Quote:
    Originally Posted by hill60 View Post


    People in courts said it.



    Mueller reported it



    It forms part of the information required upon which to base a belief.



    Get it?



    Mueller, while his opinions are not always agreeable, makes a clear distinction between what he reports directly from the court (and filings) and his own analysis. All to say, I consider him to be a credible source.
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  • Reply 137 of 139
    stelligentstelligent Posts: 2,680member
    Quote:
    Originally Posted by hill60 View Post


    You have a copy of the agreement?



    There was a $600 million payment that showed up in Nokia's books, how do you know it wasn't a one off?



    Wasn't that payment a bribe from Apple to make sure Nokia uses Windows Phone instead of Android?



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  • Reply 138 of 139
    Quote:
    Originally Posted by hill60 View Post


    People in courts said it.



    Mueller reported it



    It forms part of the information required upon which to base a belief.



    Get it?



    Umm, no. We are not talking about what anybody said in court. Thanks.
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  • Reply 139 of 139
    gatorguygatorguy Posts: 24,771member
    Apparently the 2.25% licensing rate that Moto is asking from Apple is in fact their standard FRAND rate according to Florian Mueller at FOSSPatents. That might make Apple's negotiations just a bit more difficult since it now appears to be fair, reasonable and non-discriminatory if the reports are accurate.



    "Motorola has consistently demanded a royalty to the tune of 2.25% of Microsoft's sales of the aforementioned and other products implementing the H.264 codec. The 2.25% rate was mentioned multiple times at today's public court session by the presiding judge, Dr. Holger Kircher, as well as counsel for both parties. If that percentage sounds familiar, that's the rate MMI is also demanding from Apple for all products implementing the 3G/UMTS wireless telecommunications standard. I (Mueller) have furthermore heard from an executive of a large company in this industry (who is not affiliated in any way with Apple or Microsoft) that Motorola also declared years ago that it deemed a 2.25% royalty appropriate for its patents related to 4G/LTE."
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