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Authored by: PJ on Monday, October 22 2012 @ 02:45 PM EDT |
You can read the exhibit that shows you
what the FRAND license says the patent
owner agrees to. Samsung has listed it
in the current bunch, and yes, it says
that the patent owner agrees that if his
patent is used in the standard, he or she
or it will license to all comers on
FRAND terms, and that it will negotiate
in good faith.
And the court in Washington State has in
fact just ruled that it is a contract.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Monday, October 22 2012 @ 04:24 PM EDT |
FRAND is a contract between standard body and the patent owner. It does not
matter whether the standard body is governmental organization or a private one.
It does not matter what is written in patent law (well more or less). The patent
owner agreed to sell the license to anyone, so he has to.
Courts in all countries are enforcing both law and contracts between various
organizations. That is the whole point of having written contract, you can use
courts to enforce it.
[ Reply to This | Parent | # ]
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