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18 Jul 2013, 6:48 am by Florian Mueller
Footnote 1 begins with this statement:"Motorola's disregard for the Court's [F]RAND royalty determination is on full display in Germany, where instead of simply accepting the Court's [F]RAND royalty findings and the payments Microsoft tendered as a result, Motorola has now moved for an accounting of past damages for two H.264 patents subject to the Court-determined worldwide [F]RAND royalty." [read post]
8 Jul 2013, 6:47 am by Florian Mueller
And "[f]urther, Apple has not argued the elements of other recognized defenses, for example promissory estoppel, laches [read post]
4 Jul 2013, 12:08 pm by Florian Mueller
In the previous one I discussed Google's attempt to game the system by paying a German appeals judge for expert reports and testimony.The most important filings are the parties' motions for summary judgment:Motorola has filed a motion for summary judgment. [read post]
19 Jun 2013, 2:47 am by Florian Mueller
Microsoft and Google's Motorola are preparing for a breach-of-contract trial scheduled to commence in late August, but they also have some clean-up to do with respect to last year's anti-enforcement preliminary injunction that barred Motorola Mobility from enforcing a set of German permanent, provisionally-enforceable injunctions relating to two H.264 standard-essential patents (SEPs) and in late November 2012 was replaced by a summary judgment ruling denying injunctive relief.In order to… [read post]
18 Jun 2013, 1:51 pm by Peter Bert
This may be true for certain matters, but in particular actions brought or supported by consumer action groups are now likely to be followed through to judgment. [read post]
11 Jun 2013, 4:54 am by Florian Mueller
Infringements of invalid patents don't matter, but any of these patents at issue in the various stayed Nokia v. [read post]
18 May 2013, 5:30 am by Barry Sookman
Yahoo http://t.co/BYvSSiDPrw -> Computer and Internet Law Weekly Updates for 2013-05-12 | Barry Sookman http://t.co/m3nZnsmGgA -> F/RAND and SEPs: the EU Commission objects to Motorola's conduct http://t.co/E98IAGSWh8 -> Look who’s Pirating now! [read post]
11 May 2013, 5:29 pm
Assessing Apple's case, the Commission preliminarily found that the company's voluntary submission to a German court's determination of F/RAND royalty rates was sufficient to prove Apple's willingness to license the SEPs at issue. [read post]
9 May 2013, 2:54 pm by Florian Mueller
Google expressed a clear preference for having a worldwide FRAND rate set by a German court (presumably the Mannheim Regional Court), where a process for Motorola's German patents was already underway as a result of the aforementioned acceptance of Apple's offer to take a license. [read post]
4 May 2013, 1:23 pm by Florian Mueller
Harrigan stated Microsoft's position that expert damages reports -- which would involve 'figuring out what it costs to dismantle Microsoft facilities in Germany in anticipation of an injunction' -- should be postponed until after the November 2012 [F]RAND [rate-setting] trial." [read post]
1 May 2013, 5:01 pm by oliver randl
The Opposition Division (OD) considered that the intervention by JDC was admissible and that the subject-matter of claim 1 as granted could not be carried out and added unallowable subject-matter. [read post]