China:
Cash donations and politics...I have a bad feeling the greater good may impede our ability to twist the fair value payment arm of China. Without the leverage of an import ban to the USA, China will bleed us dry.
Chinese Court on FRAND from 10K. Huawei alleged IDCC had a dominate position in China and the United States.
The court ruled/found that IDCC did the follows:
1. Chinese law will govern FRAND rates and not French law.
2. IDCC offers were not FRANDly.
3. IDCC's numbers were excessive
4. IDCC violated Chinese Anti-monopoly law
5. IDCC tied the licensing of non essential patents to essential patents (bundles)
6. IDCC illegally demanded grant - back patents rights to IDCC
7. IDCC began an ITC action while still negotiating with Huawei
Based on the above findings of fact, the court ordered IDCC to cease the excessive pricing and improper bundling of Chinese essential and non essential patents and finally, the court ordered IDCC to pay 3.2 million in damages to Huawei. Other claims were dismissed and the court entered no basis or explanation of it's findings.
While ITC plans to appeal, we can now bet that Huawie and ZTE will be yelling from the mountain tops that the Chinese Court found that IDCC was unfrandly; that a reasonable rate is ,019% of sales price and that such decision is some form of collateral estoppel on the UTC and USA federal courts.
Here we go boys. IDCC better start ramping up it's political donations with bundled money from Universities and other NPEs and NAEs.
Not China:
10 K continued on litigation:
The European Commission has not yet decided on whether or not to charge IDCC with a violation of Article 102 or the Treaty of Functioning of the European Union. The complaint was from Huawei and alleged that IDCC had a dominate position with respect to the alleged 3g standard-essential patents.
My thoughts are that these continued allegation in these public forums is going to be thrown back in their face when they start alleging defenses of invalidity and no willful violation.
LG arbitration. The decision of the ALJ at the ITC to terminate the investigation as to LG has been appealed to the CAFC. LG intervened. Briefing is complete and oral argument is scheduled for April 4, 2013. Hopefully, the Court will issue a non precedential opinion in IDCC's favor (instead of issuing an written opinion), deny arbitration to LG and order the ITC to proceed with it's investigation of LG.
LG arbitration: LG filed for arbitration with the American Arbitration Assoc. A panel has been chosen with a tentative hearing set in the fall of 2013. IDCC objects subject to the outcome of their appeals to the CAFC on whether or not LG is entitled to arbitration.
IMO g hors
"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein
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