Comments on: IPR – The weakness of essential Part III https://www.radiofreemobile.com/ipr-the-weakness-of-essential-part-iii/ To entertain as well as inform Fri, 18 Apr 2025 06:25:09 +0000 hourly 1 https://wordpress.org/?v=4.9.26 By: Tim Nash https://www.radiofreemobile.com/ipr-the-weakness-of-essential-part-iii/#comment-167 Wed, 19 Dec 2012 09:50:14 +0000 http://www.radiofreemobile.com/?p=323#comment-167 EU and US courts have yet to decide what is an abusive level of FRAND demand and both Samsung and Motorola have been asking for a percentage of the device revenue and both companies have tried to stop licensing these patents through existing contracts with third parties like Qualcomm. So expecting a solution in 2013 is, I fear, optimistic when breach-of-contract and FRAND abuse still offers Apple a strong defence against what it considers unreasonable royalty demands.

Also in the action in Northern California, part of the evidence showed that Apple had offered Samsung a patent license, which was refused. Given the difficulties Apple has had in enforcing patents, so far Samsung’s refusal has been cost effective.

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