MacNN | FTC: FRAND patent suit shouldn't induce Apple embargo
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums

Desktop Headlines
FTC: FRAND patent suit shouldn't induce Apple embargo
Wednesday, December 5, 2012 @ 9:40pm

The US Federal Trade Commission filed an amicus curae (friend of the court) brief with the US Court of Appeals on Wednesday, stating that it believes that Motorola Mobility should not be allowed to stop the sale of Apple products that are accused of infringing on its standards-essential patents related to wireless communication. The Court of Appeals is examining Judge Richard Posner's recent decision to dismiss simultaneous patent infringement cases between the pair of manufacturers.

Judge Posner tossed the cases that Motorola Mobility and Apple had filed against each other in June, both claiming patent infringement against the other. The judge said that both sides had failed to prove that they had been materially injured, nor were they able to formulate alleged damages. Both companies appealed, and the amicus brief was directed at the court hearing the appeals. "Patent [lawsuit product bans in SEP cases] risks harming competition, innovation, and consumers because it allows a patentee to be rewarded not based on the competitive value of its technology, but based on the infringer's costs to switch to a non-infringing alternative when an injunction is issued," the commission wrote in its brief. The agency is seen to be siding with Apple's public position on FRAND-based patents -- that they should not be allowed to be used as legal weapons in infringement suits or licensing negotiations. Judge James Robard ruled last week in a different case that Motorola Mobility was not allowed to obtain a sales embargo, also on standards-essential patents. He ruled that "as a matter of logic, the impending license agreement will adequately remedy Motorola as a matter of law," a concept that has been gaining some traction in recent months.

Comments on this Article
Print Friendly Version
Email to a Friend
Add MacNN to Your RSS Feeds
Buy from the Apple Store

Related Stories:

Today's MacNN Stories:

  • TD Canada Trust briefly lists cards that support Apple Pay - 4:00 PM EST
  • Forums: new iMacs, El Capitan comments and more - 3:46 PM EST
  • Apple deals: up to $180 off MacBook Air - 3:37 PM EST
  • Daily Deals: $65 Brother printer, 50-inch HDTV, Disney Infinity 3.0 - 1:57 PM EST
  • App Update (OS X): White Noise, WiFi Signal, Disk Diet, more - 1:41 PM EST
  • Scottrade, 28 others sign on to support Apple Pay - 1:00 PM EST
  • Tag Heuer CEO praises Apple Watch popularity, dismisses luxury pricing - 12:57 PM EST
  • Apple updates iMovie for Mac to handle 1080p slo-mo, 4K video - 12:14 PM EST
  • MacNN Deals: Turn your house into a smart home with these offers - 11:29 AM EST
  • Living with: watchOS 2 - 10:53 AM EST
  • Apple ships Magic Mouse 2, Magic Trackpad 2, Magic Keyboard - 9:33 AM EST
  • Retina 5K iMac upgraded with P3 color gamut, Skylake processors - 9:15 AM EST
  • Apple 21.5-inch 4K iMac finally arrives with Broadwell processors - 9:01 AM EST
  • Apple, US to judge: no need for further e-book anti-trust monitoring - 8:16 AM EST
  • Giveaway: Win an Apple iPhone 6s with MacNN Deals - 8:14 AM EST
  • Hands On: Day One 1.17.4 (Apple Watch) - 7:51 AM EST
  • Canon unveils EOS M10, PowerShot G9 X, G5 X cameras - 7:38 AM EST
  • The MacNN Podcast, episode 36: Macphun schway - 3:00 AM EST

    Today's iPodNN Stories:
  • So long, and thanks for everything! - 2:31 PM EST
  • Lizard Squad member convicted over 50,700 computer crime charges - 9:58 AM EST
  • Microsoft offers grants to universities for HoloLens research - 7:25 AM EST
  • LG Display starts mass production of AIT display panels for notebooks - 7:47 AM EST
  • Briefly: EE fined £1M in UK, Unofficial YouTube app on Android Wear - 11:14 AM EST
  • No comments posted on this story yet. Please post yours.
    Your Comments
    In order to post comments, you must be a registered member of the MacNN Forums and logged in. Please login with your MacNN Forums username and password.

    MacNN Forums Login:

    MacNN Forums Password:

    Not a member of the MacNN forums? Register now for free.