Comments on: How Apple botched its fair rate case against Motorola http://blogs.reuters.com/alison-frankel/2012/11/06/how-apple-botched-its-fair-rate-case-against-motorola/ On the Case Fri, 15 Jul 2016 20:42:45 +0000 hourly 1 http://wordpress.org/?v=4.2.5 By: chucktown http://blogs.reuters.com/alison-frankel/2012/11/06/how-apple-botched-its-fair-rate-case-against-motorola/#comment-1977 Thu, 08 Nov 2012 06:07:11 +0000 http://blogs.reuters.com/alison-frankel/?p=1627#comment-1977 Excellent article.

Allow me though to try to help a little in terms of figuring out Apple’s strategy.

The FRAND abuse bench trial presided by Judge Robard between Microsoft and Motorola you referred to in your article, (Samsung and Motorola are FRAND abusers, under antitrust scrutiny in both US and Europe) will offer a rate for FRAND patents based on pre-FRAND patent value.

Apple made a strategic decision not to be bound by Judge Crabbs’ FRAND friendly case construction and simply offer Motorola the same rate that Judge Robard will arrive to.

You are welcome.

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By: chucktown http://blogs.reuters.com/alison-frankel/2012/11/06/how-apple-botched-its-fair-rate-case-against-motorola/#comment-1976 Thu, 08 Nov 2012 05:45:34 +0000 http://blogs.reuters.com/alison-frankel/?p=1627#comment-1976 Congratulations for an excellently researched and written article.

However, before agreeing with your mistaken conclusion, and your rather rash and probably deliberately derogatory title, meant to attract a few page reads, let me add one fact.

Judge Robard will be presiding over a bench trial regarding FRAND patents that involve Motorola (who else is abusing FRAND except Samsung and Google ?) and Microsoft. The case construction is significantly better for Microsoft than it was for Apple in terms of reaching a reasonable way to declarea FRAND patent’s value.

Conclusion: Why should Apple go ahead and be bound by Judge Crabbs FRAND abuse friendly judgement, when exactly the same matter will be adjudicated in a few weeks, by a clearly more favorable judge ? It will then be easy to simply appeal the case to request the exactly same terms, or even make an offer that complies with the Microsoft vs Motorola judgement, and let Motorola decline it.

I guess the writer has a pretty good self-image (that is, me really smart, rest of the world not quite so) if she thinks that the best lawyers in the country just bungle trials left and right worth billions of dollars. This was a clear strategical decision on part of Apple and they are willing to live with the consequences.

But hey, if this article can lower Apple’s stock a few more points, I am all for it.

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