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:

  • Hands On: White Noise 5.8 (iOS, OS X, Android) - 6:57 PM EST
  • Mac users seeing request to upgrade to unreleased iTunes 12.2 - 4:53 PM EST
  • Linksys ships range-boosting replacement antennas for home routers - 4:35 PM EST
  • Forums: iMac only boots to safe mode, login issues and more - 4:33 PM EST
  • Apple deals: iPads and iPods - 4:28 PM EST
  • GigSky utilizes Apple SIM for purchase of world-spanning data plans - 3:54 PM EST
  • Briefly: TaiG iOS 8.4 jailbreak; Downgrade iPad 2, iPhone 4S to iOS 6 - 3:33 PM EST
  • Uber acquires Bing mapping assets, 100 employees from Microsoft - 3:25 PM EST
  • Hands On: Apple Music (iOS, OS X, Windows) - 3:13 PM EST
  • Apple updates Safari, releases first 9.0 beta, offers EFI security fix - 3:02 PM EST
  • Daily Deals: 128GB iPad Air, GoPro Hero3+, Samsung curved HDTV - 1:40 PM EST
  • App Update: Pro Media Tools, Angband, Macgo Blu-ray Player, more - 1:28 PM EST
  • Users reporting iTunes Match issues as Apple Music launches - 1:08 PM EST
  • Hands On: Poly Bridge (OS X, Windows in early access) - 12:32 PM EST
  • Apple falls at appeals court, $450M e-book antitrust ruling upheld - 12:05 PM EST
  • Apple updates OS X to 10.10.4; includes networking, Mail, Photos fixes - 11:16 AM EST
  • European Parliament adopts net neutrality rules, ends roaming fees - 10:48 AM EST
  • Apple Music, iOS 8.4 update are on the air; servers hammered [u] - 10:48 AM EST
  • Hands On: Penumbear 1.2 (iOS) - 9:52 AM EST
  • MacNN Deals: Three ways to improve the way you charge mobile devices - 8:49 AM EST
  • LG Chem creates higher-capacity hexagonal batteries for smartwatches - 7:23 AM EST
  • Hands On: Wolfram Words 1.2 (iOS) - 7:01 AM EST
  • Briefly: Sprint Direct 2 You in more cities, Amazon Prime Now in UK - 6:34 AM EST

    Today's iPodNN Stories:
  • Hands On: Cogmind (PC) - 7:20 AM EST
  • Lenovo design vice president proposes retro ThinkPad creation - 12:53 PM EST
  • Archos PC Stick offers Windows 10 PC in an HDMI dongle - 9:45 AM EST
  • Meizu MX4 running Ubuntu launching in Europe tomorrow for €300 - 6:56 AM EST
  • Lenovo reveals ideacentre Stick 300 as compact HDMI dongle-based PC - 12:43 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.