But in the case of these SEPs, if a company is using the
patented
technology and not paying even one thin dime for that patent for years, there
really is very little recourse other than the threat of injunction in order to
force
the non-paying party into serious
negotiations.
What. There is recourse: the courts. That's
what the courts are for, to
be the final recourse! You're arguing that
companies should be able to
force other companies to not use the courts and
"negotiate"
instead,
which is a total subversion of the legal system. A
company licensing the SEPs
is
not free to demand whatever they want, they gave
that up in exchange for the
guaranteed income that SEPs provide. If they're in
the right, they'll win in
court,
and then the court will order the other party
to pay. Google is not some poor
Mom & Pop shop fighting against Goliath.
They're going to be fine, and Apple
will be forced to pay whatever the legal
system decides is the right amount.
Suggesting that Google should be able to
short circuit that decision and force
Apple (or Microsoft, or Samsung, or HTC,
or anybody) to pay
anything
they care to dream up, or else they're
barred from the entire cell phone
market,
is... debatable. [ Reply to This | Parent | # ]
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