Originally Posted by Stiggles:
“So you think because Apple wont pay a proper amount for the licence Motorola is screwing itself? What a strange view lmao!! They own the patent ffs so they can do what they damn well want with it if people wont pay the proper amount for their technology.”
Actually, they can't. Not for 3G essential FRAND pledged patents anyway. The commitments that 3G technology owners made to ETSI trump EU member state laws, and part of those agreements place strict rules on the seeking of injunctive relief over FRAND pledged innovations.
Originally Posted by Stiggles:
“This will never be looked at by the European courts, ever. But what will soon is apple with all the lawsuits they are shoving out left right and center. That's bound to happen. Apple are becoming desperate and it shows.”
You've got that situation backwards. Samsung is currently facing a full scale EU antitrust investigation for it's agressive injunction seeking tactics involving FRAND pledged patents, and it's highly likely that Motorola will face the same fate. Apple, however, do not assert any FRAND pledged patents against others, and are therefore outside the scope of such an investigation.
http://europa.eu/rapid/pressReleases...medium=twitter
If Motorola do join Samsung in being the subject of an EU antitrust investigation then the EU Competition Commission will
definitely halt the consideration of the Google / Motorola deal pending the outcome, which would almost certainty kill the deal. So yes, Motorola may indeed have screwed themselves in the long run.
Originally Posted by Stiggles:
“Apple also only have a few days maybe a week with this suspension.”
The reason for the suspension of the injunction is because Apple have made (another) new licensing offer to Motorola. If Motorola accept, or if the court believes Apple's offer is reasonable, then the injunction will be lifted permanently. As far as I know Motorola have yet to respond to the new offer. The fact that the court granted a temporary suspension shows it believes Apple is in the right ball park with this offer (it recently rejected a similar motion by Apple to suspend the injunction when they presented a new offer). At the moment the court is on Motorola's side regarding the interpretation of what is reasonable and what is not, but that may switch if Motorola reject this new offer.