Apple's injunction on the Nexus; UN hosting mobile patent talks.

I hate how Apple is getting away with this, while hiding behind the fact the legal system is looking closely at their competitors. Which is crazy..

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I'm in two minds. The technology is available for license. Apple will happily license an invention to you, Nokia coughs up a fortune in licensing technology and it is rare to see a lawsuit against them. It is the same with LG, they always pay up too. Why should Samsung and HTC expect to not pay?



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Isn't there a legal responsibility to defend patents you own?

Just sayin'.

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RY I think you've hit the nail on the head. All companies employ full time legal teams who look for infringement. Just try releasing a phone called Bob's galaxy s 3 and see if Samsung's lawyers don't approach.



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Re: Apple's injunction on the Nexus; UN hosting mobile patent tal

Isn't there a legal responsibility to defend patents you own?

Just sayin'.

At the very least, there's a general expectation of it yes. I think lately there's been either too much or too little. A company will go lawsuit-crazy over patents it has been given -- even if the patents don't pertain directly to their existing products, or they will stretch the scope of the patents to make them applicable to their case. On the other side, companies have patents that could be used to protect themselves, their partners, or their products/services, yet don't act to the extent of their capabilities. I see Apple and Google fitting those two roles in some ways.

I've also updated the OP so that it's easier to read.. shoutout to dmmarck and his Jelly Bean thread for making me go figure out how the hell those box tags work.
 
I hate how Apple is getting away with this, while hiding behind the fact the legal system is looking closely at their competitors. Which is crazy..

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Apple isn't abusing standard essential patents. Please explain how you think they're 'hiding'.

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Okay, sure. Apple raised issues to the court about how the Samsung Galaxy Nexus is violating patents of their own, essentially revolving around Siri, and I suggested that Google should get into the fold and simply directly rebutt with some patent cases of their own against Apple. But apparently it would lend a detrimental image to do that, and, in my opinion Apple is exploiting that by being as aggressive as possible, with little danger of backlash coming in from Google.

Apple knows they can get away with it, and that is detestable and cheap.

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Re: Apple's injunction on the Nexus; UN hosting mobile patent tal

I'm in two minds. The technology is available for license. Apple will happily license an invention to you, Nokia coughs up a fortune in licensing technology and it is rare to see a lawsuit against them. It is the same with LG, they always pay up too. Why should Samsung and HTC expect to not pay?



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From everything I've read (and correct me if I'm wrong.....god knows I've been wrong before), Apple has absolutely no interest in licensing out any of these patents.
 
From everything I've read (and correct me if I'm wrong.....god knows I've been wrong before), Apple has absolutely no interest in licensing out any of these patents.

They've licensed them to Microsoft.

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They were a project of Stanford well beyond that, and they did not exist in anything resembling their current form until well into 2000-2001.

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Doesn't matter, they still existed before the year 2000. Which you said they did not.

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At the very least, there's a general expectation of it yes. I think lately there's been either too much or too little. A company will go lawsuit-crazy over patents it has been given -- even if the patents don't pertain directly to their existing products, or they will stretch the scope of the patents to make them applicable to their case. On the other side, companies have patents that could be used to protect themselves, their partners, or their products/services, yet don't act to the extent of their capabilities. I see Apple and Google fitting those two roles in some ways.

I've also updated the OP so that it's easier to read.. shoutout to dmmarck and his Jelly Bean thread for making me go figure out how the hell those box tags work.

I am certainly no patent expert so please correct me if I'm wrong but...

If you don't defend your patents, does that weaken that patent? Could it invalidate that patent?


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Re: Apple's injunction on the Nexus; UN hosting mobile patent tal

I am certainly no patent expert so please correct me if I'm wrong but...

If you don't defend your patents, does that weaken that patent? Could it invalidate that patent?


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No.

It's very very common for someone to see a violation of a patent and wait until the company has made a ton and then sue.

There probably is a notice requirement - in other words sending a letter to the company saying they are in violation.
 
Re: Apple's injunction on the Nexus; UN hosting mobile patent tal

No.

It's very very common for someone to see a violation of a patent and wait until the company has made a ton and then sue.

There probably is a notice requirement - in other words sending a letter to the company saying they are in violation.

Although I am also not a legal expert, I think you're correct on that. Typically a cease-and-desist is the expected and appropriate initial action against a company infringing on a patent belonging to the issuer. Quoting from Wikipedia:

A cease and desist is an order or request to halt an activity (cease) and not to take it up again later (desist) or else face legal action.

[...]

In the case of copyright or trademark infringement, libel, and slander, the letter typically threatens a civil lawsuit if the recipient continues the undesired activity. It is similar in form, although not in function, to a demand letter, which alerts the recipient to a pending claim for money damages, usually as a result of a tort or a breach of contract.

Also, I've added a few links to the first post, including one to the AC article on the GSM Nexus being back in the Play Store.
 
Re: Apple's injunction on the Nexus; UN hosting mobile patent tal

I'm a lawyer.

I don't know if you need to give notice that the patent is being violated or not. Technically they should have done a patent search.

But to be on the safe side sending a cease and desist would definitely start the damages rolling.
 
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Doesn't matter, they still existed before the year 2000. Which you said they did not.

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It does matter when you look at the patent in question.

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Everyone is suing everybody else. No one knows who invented what. Stop wasting money in courts and let us consumers have whatever type or brand of phone WE want.

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