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Patent Case Could Shift Power Balance In Tech Industry
An anonymous reader writes A lawsuit between Apple and Google could drastically change the power balance between patent holders and device makers. "The dispute centers on so-called standard-essential patents, which cover technology that is included in industry-wide technology standards. Since others have to use the technology if they want their own products to meet an industry standard, the companies that submit their patents for approval by standards bodies are required to license them out on 'reasonable and non-discriminatory',(paywalled) or RAND, terms." If Apple wins, the understanding of what fees are RAND may decrease by at least an order of magnitude.
It's Google VS Microsoft. The first line of the link says as much. Apple only (rightfully) sided with Microsoft. They aren't involved in the lawsuit.
No they don't.
A standards body works like this - industry wants to come up with a new standard for some reason - perhaps faster part, new technology whatever. So the standards body convenes a group of people from industry who then argue out the merits and the specifications of the new technology standard. Along the way, patents get hashed out - and a lot of politicking goes on in getting your patent in the standard.
When it comes to patents and standards, you have two options - you could not offer the patent for licensing and have the standards body work around it, or you can have it become part of the standard, with the caveat that you must license to anyone and everyone as FRAND terms.
Depending on the patent, one way may be better than the other, but in general, it's usually nicer to have people paying you so you make it FRAND. Which means at times there's a lot of back scratching to get your patent in the standard.
Most standards are patented. Ethernet, WiFi, etc., they usually all have some form of license fee to be paid.