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> Apple tried to license the patent under FRAND (fair, reasonable, and non-discriminatory) terms but Motorola was again able to convince the court that if Apple
by calloc 15y ago
> Apple tried to license the patent under FRAND (fair, reasonable, and non-discriminatory) terms but Motorola was again able to convince the court that if Apple was judged to have infringed, the damages involved would total more than the FRAND rates that were suggested.
That is from the article directly ... clearly that you are saying is not the case.
- azylman 15y agoArs Technica (http://bit.ly/rxK9jR http://bit.ly/rxK9jR) has much clearer coverage of this article than TheNextWeb does: "Motorola approached Apple in 2007, after the launch of the original iPhone, to license this and other standards essential patents for FRAND terms. "We have been negotiating with Apple and offering them reasonable licensing terms and conditions since 2007," Scott Offer, senior vice president and general counsel of Motorola Mobility, said in a statement e-mailed to Ars. Apple apparently didn't consider the terms very fair...Apple apparently made an offer to license the patent on FRAND terms going forward. But the matter was complicated by the fact that Apple's agreement included a clause that would allow it to try and have the patent invalidated if Motorola tried to seek damages for past infringement over and above the agreed FRAND rate." Basically, Motorola offered it on FRAND terms, Apple rejected it, and came back with a new offer that was on FRAND terms but with the corollary that if Motorola tried to sue Apple for any infringement they had already done their patent would be invalid.