Motorola, and by the that we mean Google, recently launched an appeal against the 2012 ruling of a court which refused Motorola any relief over standard essential patents. In the appeal, Google argued that Apple was an ‘unwilling licensee.’ Interestingly, Microsoft and Intel have thrown their weight behind Apple in opposing Google.
Google’s stance on this particular case does seem to make sense. Naturally, the fact that Microsoft and Intel both are opposing it together with Apple only goes on to show that technology giants want to undermine FRAND patents and be able to access them at more affordable than fair prices.
In its appeal against the former ruling, Google has argued that the court essentially made the decision by evaluating the significance of a FRAND patent simply from what the inventor of that patent stated. However, Google claimed, the right way to determine that invention’s true value is to determine its post-standardization hold-up value.
That demand is only fair enough. Naturally, Apple wants the scales to tip unfairly in its favor so that it can get away by paying meager sums for having used Google’s FRAND patents. Microsoft’s objections, cited in its amicus filing, dwell on other non-important points such as the relevance of the court to this topic and the company’s keen interest in the whole case.
We can imagine that Microsoft is putting its weight behind Apple’s stance simply to protect its patents portfolio and also, perhaps, to make the most out of it by establishing a wrongful precedent in the FRAND cases. However, if the court goes with Apple on this one, other companies may eventually use this precedent to use the FRAND patents of Apple, Microsoft and Intel too at much lower prices.
Courtesy: Apple Insider