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Re: FTC - Import Bans Avoided

By: drwein72 in IDCC | Recommend this post (0)
Wed, 06 Jun 12 4:28 PM | 352 view(s)
Boardmark this board | InterDigital Communications
Msg. 45362 of 48237
(This msg. is a reply to 45361 by okiebug)

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Maybe its time for IDCC to forget the ITC and move against LG in Delaware. If the ITC is going to refuse to ban products that violate standards based patents while simultaneously dumping a case by deferring to arbitration under an expired contract, the U.S. District Court is an increasingly attractive alternative. Speaking as an arbitrator, I have always thought, and the courts have always said, arbitration is a contractual obligation so no contract means no arbitration. What gives? Maybe we get some clarification at the ASM.




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The above is a reply to the following message:
FTC - Import Bans Avoided
By: okiebug
in IDCC
Wed, 06 Jun 12 3:50 PM
Msg. 45361 of 48237

Found this article on topic:

It seems IDCC has more than corrupt cartel to deal with in regards to enforcement of patents at ITC.

Now the Federal Trade Commission, which is already investigating Google on allegations of antitrust violations, plans to weigh in. In its statutory role as adviser to the International Trade Commission, the FTC is likely to file an opinion that import bans should be avoided in cases involving standards-essential patents, lest that harm innovation, according to a person familiar with the FTC's thinking. If the advice is heeded, Google could lose some of the negotiating leverage that Motorola's patents were supposed to provide.

http://online.wsj.com/article/SB10001424052702303506404577444492476769520.html?mod=ITP_moneyandinvesting_6#articleTabs%3Darticle

How can standards-essential patents be monetized/enforced? Who defines innovation and specifically, what inhibits innovators? Yikes, it will probably be defined by politicians, which explains Google's huge DC lobbying presence. Guess IDCC needs to reallocate their lawyers fees to lobbyist.

It appears to me that in regards to 2G-3G the rate IDCC gave Apple is what all others will be held to when/if arbitration is used to define the contract. Haven't we already been down this path numerous times? Which means the legal game plan is at best flawed and possibly insane according to Einstein's definition "Insanity is doing the same thing, over and over again, but expecting different results."

Hope somehow sanity is restored and the hard work the engineers have completed can be monetized in the near future.


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