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Cases like this? | 98 comments | Create New Account
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Cases like this?
Authored by: Ian Al on Sunday, October 14 2012 @ 04:47 AM EDT
Is there evidence in this case that the defendant followed the procedure in the Orange Book and is the Orange Book part of the law in the jurisdiction of this case?

From Wikipedia:
Orange-Book-Standard is a decision issued on May 6, 2009 by the Federal Court of Justice of Germany (German: Bundesgerichtshof, BGH) on the interaction between patent law and standards, and more generally between intellectual property law and competition law. The Court held that a defendant, accused of patent infringement and who was not able to obtain a license from the patentee, may defend himself, under certain conditions, by invoking an abuse of a dominant market position.
Neither Apple nor Microsoft attempted to negotiate a license and so they cannot claim to have been 'not able to obtain a license from the patentee', the Orange Book is only controlling law in the jurisdiction of the Federal Court of Justice of Germany and it only applies to patents that are valid in Germany.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

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