Import bans not appropriate or helpful... (Motorola v Apple and MS)

[Millenium]

famousringo said:

Millenium said:
Sounds like a import ban is getting more and more unlikely.

Considering they're both infringing on each others products it's time for them to sit down and make a fair deal that's beneficial for them both.

The infringement is not quite equal, as the patents asserted by Motorola are standard-essential while Microsoft's patents are not. The difference is that Motorola has promised to license its patents at a fair rate, while Microsoft has made no promise to license its own patents at all.

If Motorola manages to use these patents to secure a favourable deal, it threatens standards everywhere. Companies will be reluctant to adopt standards if adopting them provides no protection from the patents they're composed of. The best thing for standards is if Motorola gets the FRAND terms they promised to provide their patents under (2.25% of the finished product is absurd. Imagine the cost to license an airliner with an in-flight movie system!), and Microsoft gets whatever terms it wants for its own patents.

I fully agree with you that the patents aren't equal, which is why I said "fair deal", if Motorola ends up winning and Microsoft has to pay the 2.25% it could cause a big problem.

But realistically, I don't see any way that a Judge is actually going to agree with Motorola that that is the amount Microsoft should pay.