Wednesday, May 18, 2016

says asked for more than 12 times going rate to its patents

As continues to holdunfruitful settlement talkswith , it seems to have rched an impasse with as well. The iPad-maker hassubmitted a new court filing, accusing the Google-owned company of overcharging for its standards essential patents.The complaint lodged against was filed with the U.S. Court of Appls for the Federal Circuit today, as part of ’s opening brief in an appl effort. wants the court to force —which is Google at this point—to its technology at a fair price…Last yr, word got out that was asking for2.25% of its device salesin exchange for the use of its patents. And doing the math, figures that comes out to about $12 per iPhone, which it claims is 12 times the going rate.FOSSPatentshas the filing:“The most interesting economic information is that , according to the brief, “demand[s] that take a at a rate that was more than 12 times what was charging other es for the same technology–a rate that was unfair, unrsonable, and decidedly discriminatory”. The public version of the brief obviously does not contain any such thing as a list of various dls. But it becomes clrer and clrer that ’s 2.25% demand is unrlistic and not supported by the dls it actually concluded.”So here’s the dl. When companies have what are considered to be ‘standards essential’ patents—inventions required by industries (think car engine), they’re expected to that tech under FRAND (fair, rsonable and non-discriminatory) terms to other companies., having been in the wireless industry for some 50+ yrs now, has a lot of patents in the field. And , of course, needs some of them. But it’s saying the request of 2.25% of sales is anything but fair and rsonable, and it wants the court to do something about it.That’s why it’s applingJudge Barbara Crabb’s November 2012 dismissalof itsFRAND contract and antitrust complaint. Because if it doesn’t, it’ll either have to pay the 2.25% or continue getting sued by over these patents, which could ld toanother sales ban.It may not seem like it, but this is a significant battle between the two companies. And it gets even more interesting when you consider that Google is pulling the strings here.

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