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So a near-Non Practicing Entity is enforcing standards-essential software patents in a European court, under arguably unfair, unreasonable, and discriminatory t
by Kim_Bruning 8mo ago
So a near-Non Practicing Entity is enforcing standards-essential software patents in a European court, under arguably unfair, unreasonable, and discriminatory terms.
That's a lot of things the European Patent system is supposed to prevent, and exposes quite a number of loopholes.
- zokier 8mo ago> arguably unfair, unreasonable, and discriminatory terms I'll bite. How do you argue that?
- Kim_Bruning 8mo agoWe're taking the rest of my statement as accurate then? O:-) Fine, so in addition to the fact that this whole action SHOULD be prima facie illegal in Europe; for the FRAND part (which is -to be fair- the weaker part of my argument, because this shouldn't be happening in the first place) : * Forum shopping in Munich is at least somewhat unfair * Implementors went $0.03, Uk court set interim rate of $0.365, now nokia is going for $0.69? We can argue unreasonable [1][3] * Hisense settled at undisclosed terms, Acer and Asus were injuncted, so that counts towards discriminatory [2] [1] https://www.juve-patent.com/cases/us-firms-secure-asian-implementers-interime-licence-against-nokia-in-the-uk/ https://www.juve-patent.com/cases/us-firms-secure-asian-impl... [2] https://www.juve-patent.com/cases/hisense-settles-global-dispute-with-nokia-over-video-coding-patents/ https://www.juve-patent.com/cases/hisense-settles-global-dis... [3] https://ipfray.com/munich-i-regional-court-enjoins-computer-makers-acer-and-asus-over-nokia-video-patent-uk-interim-license-declaration-didnt-help/ https://ipfray.com/munich-i-regional-court-enjoins-computer-...