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by _djo_
4609 days ago
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Apple has a fair number of standards-essential patents as well, but they have not been used in a lawsuit to date. These include networking patents (notably zeroconf) and are always made available by Apple via the following statement: In the event that the technology discussed in the Document becomes an IETF standard (the "Standard") which is not materially different from the Document, Apple agrees, upon written request from a Party to negotiate outside of IETF to make available a non-exclusive license under reasonable and non-discriminatory ("RAND") terms and conditions under such claims of the Patents that are essential to implement a product compliant with the Standard (a "Compliant Product").
These RAND terms and conditions may be conditional upon a reciprocal grant or defense use. However it has yet to demand reciprocal grants of design patents from others for licensing. The company has not refused to license SEPs, it has refused to license them with a cross-patent agreement that includes their design patents, as their view is that SEPs should be offered on fair monetary licensing terms. That does not necessarily mean their stance is right (or that Apple is innocent because they're quite clearly not), but it's a lot more complex and defensible than you've implied here. |
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