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Patent Case Could Shift Power Balance In Tech Industry

Posted by samzenpus on from the makers-and-takers dept.

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.

7 of 83 comments (clear)

  1. Hmm... by pushing-robot · · Score: 4, Insightful

    Can't say I'm rooting for either party here, but I hate the idea of SEPs in general... If a method is literally the only permitted way to do a thing, should it be patentable?

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    How can I believe you when you tell me what I don't want to hear?
  2. "standard-essential patents” by tlambert · · Score: 5, Insightful

    Any “standard-essential patents” should be public domain (or as close as possible, as Elon Musk did with the Tesla battery circuitry), or they should not be included in the standards. Period. FRAND/RAND is code for forming a club where the existing players get to play, but for which there is still a large - potentially huge) cost to join said club - and therefore an artificial barrier to entry into any existing market.

    Either make it free to license, or leave it out of the standard, please.

    1. Re:"standard-essential patents” by Derekloffin · · Score: 3, Insightful

      That just simply wouldn't work. As another poster already pointed out, if you deny them the patent, then they have no reason to involve themselves in researching such, or standardizing. It would also simply encourage even MORE patent trolling as any patent holder can now say their patent isn't FRAND/RAND. The whole point of FRAND/RAND patents is to encourage companies to cooperate, make standards, and not patent troll each other.

  3. Re:Patent fees are always RAND... by Jax+Omen · · Score: 3, Insightful

    Really? Downvoted for a bad programming joke?

  4. Re:Apple has little to do with this by msauve · · Score: 3, Insightful

    It's Microsoft v. Motorola. Microsoft is the plaintiff, and the patents which Google acquired when it purchased Motorola Mobility are what's at issue, specifically what Google charges Microsoft to use them.

    But yeah, trying to say it's Apple v. Google is a troll.

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    "National Security is the chief cause of national insecurity." - Celine's First Law
  5. Re:Apple has little to do with this by Anonymous Coward · · Score: 2, Insightful

    If it's a part of an "industry standard" then the patent should be FREE. Don't like that? Don't make your invention part of something that no one can avoid.

    While I agree, aren't Microsoft and Apple at least arguing in that direction (they want it to be cheaper and their foe wants the licensing to remain as prohibitively and market-entry-denyingly expensive as possible)?

  6. Re:Apple has little to do with this by brausch · · Score: 3, Insightful

    You've got it backwards/sideways/confused/something.

    Apple and Microsoft are on the SAME SIDE and are arguing FOR CHEAPER licenses.

    RTFM. It's only about one page long.

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    "Almost every wise saying has an opposite one, no less wise, to balance it." - George Santayana