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Let's get a few things very, very clear here.

1) Apple has NOT used FRAND patents against Android OEMs.

2) The FTC/EU are not investigating Apple for anti-competitive behaviour.

So it is irrelevant what 'normal' patents you bring up. The FACT is that the only ones acting disgracefully here are HTC, Samsung and Google.



The reason Apple hasn't used FRAND patents against Android OEMs is because it doesn't have any FRAND patents it could use. The reason it doesn't have them is because, unlike its competitors, Apple didn't fund the fundamental R&D on which modern mobile phone networks are based. Apple basically wants to be able to take the fruits of its competitors R&D that made smartphones possible for cents whilst locking those competitors out of making money from selling their own phones via patents on trivial things like slide-to-unlock and detecting phone numbers in messages.


This is untrue, Apple does have FRAND patents. The ZeroConf patents (4,661,902 and 4,689,786) are just two examples. However Apple has always made those patents available under FRAND terms. For instance this was its statement with regards to its intellectual property rights contained within one of the draft IETF networking standards:

In the event that the technology discussed in the Document becomes an IETF standard (the "Standard") which is not materially different from the Document, Apple agrees, upon written request from a Party to negotiate outside of IETF to make available a non-exclusive license under reasonable and non-discriminatory ("RAND") terms and conditions under such claims of the Patents that are essential to implement a product compliant with the Standard (a "Compliant Product"). These RAND terms and conditions may be conditional upon a reciprocal grant or defense use. [1]

While I am unimpressed by the current patent war, the unnecessary injunctions and Apple's suits, I believe that the abuse of FRAND patents by Motorola Mobility, Samsung and, by proxy, Google are threatening to undermine the entire basis of FRAND patents which could have severe consequences in future.

[1]http://datatracker.ietf.org/ipr/420/


1) My point was not that Apple used FRAND patents against Android OEMs but that not all patents used by Android OEMs against Apple are FRAND patents.

2) Not sure how this is related but they probably should be

Samsung is asking for a few more percentage points on royalties, Apple has sought (and succeeded) to outright ban the import and sale of Samsung products in multiple countries. Which one of those sounds more disgraceful and anti-competitive to you?


I'm mystified why you think 1) matters in this argument. Obviously this is a very different discussion if they dropped the FRAND patent suits and only sued on non-FRAND patents.

And, since you ask, I think threatening the entire industry standard (which affects every single company that implements the standards) is much, much worse than any action between two companies. They have enough money to sort it out themselves.


Personally, I think promoting and legitimizing (from a technology company, not a non-practicing entity) the use of garbage software patents as a legal tool (and, even worse, an injunction-producing legal tool) has the potential to do far worse damage to the software industry in the long run.


Apple's behaviour only affects Apple and Samsung.

Samsung's behaviour has ramifications for entire industries.




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