MacNN | Judge Koh refuses to rule on Apple FRAND defense
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums
 

Desktop Headlines
Judge Koh refuses to rule on Apple FRAND defense
Thursday, December 13, 2012 @ 6:30pm

Federal Judge Lucy Koh, overseeing two Apple versus Samsung smartphone patent suits, has issued her first ruling after the December 6 omnibus post-trial hearing. In her first ruling, the judge has declined to adjudicate Apple's fair, reasonable, and non-discriminatory (FRAND) defenses against Samsung's patent claims, citing that because the jury didn't find Apple infringing, there was no need to rule on the asserted standards-essential patents held by the Korean manufacturer.



Apple was attempting to gain a strategic advantage over Samsung, hoping to render the patents unenforceable in the United States. Patent analyst Florian Mueller believes that "the issues aren't moot in a technical sense, but a decision on them wouldn't make a difference for the purposes of the case at hand, which is large and complex enough all by itself." He continues, saying that "should the court overrule the jury to the effect that any infringement of valid Samsung SEPs is identified, Apple's FRAND defenses and non-jury counterclaims would be looked at -- but not under the current circumstances." Judge Koh's order states that both parties agreed with this ruling in the recently-held hearing. Apple claimed that "the equitable defenses no longer present a live issue between the two parties in this case, and that the only effect of a ruling on Apple's claims would come through collateral estoppel in future cases."

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:

  • Living with: Qode Ultimate Pro Keyboard Case for iPad Air - 6:09 PM EST
  • Hands On: Vietnam...'65 1.0 (iPad, Steam) - 5:13 PM EST
  • Daily Deals: Sol Republic headphones, Linksys router, OCZ SSDs - 3:25 PM EST
  • Briefly: iPhone trade-ins coming to China, Apple TV adds CNNgo - 1:53 PM EST
  • Hands On: Ticklefluff 1.0 (iOS) - 1:35 PM EST
  • Twitter unveils Periscope live video broadcasting app - 1:22 PM EST
  • Apple Watch: Apple Watch in Australia, Edition try-on, Trivia Crack - 11:50 AM EST
  • Amazon Cloud Drive adds unlimited storage tier for $60 per year - 11:17 AM EST
  • Hands On: TouchTone 1.2 (iOS) - 10:58 AM EST
  • Apple, Google coalition demands Patriot Act changes prior to renewal - 10:43 AM EST
  • Briefly: Amazon Prime Now Dallas, Channel 4 rebrands 4oD as All4 - 8:02 AM EST
  • Hands On: To Be Or Not To Be 0.1.3275 (iOS, Android, Steam, Paper) - 7:58 AM EST

    Today's iPodNN Stories:
  • LG Watch Urbane LTE shipping in South Korea this week for $590 - 5:12 PM EST
  • BT becomes a carrier again, offers discounted SIM-only contracts - 9:30 AM EST
  • Razer OSVR headset to have optional Leap Motion-embedded faceplate - 8:35 PM EST
  • Logitech Harmony gains voice control from Ubi, Ivee smart home devices - 3:21 PM EST
  • Google reportedly planning YouTube game streaming service - 2:09 PM 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.