By: Damon Poeter
Source: http://www.pcmag.com
Category: Apple Patent
Apple may be engaged in multiple legal battles over mobile device patents, but the company is reportedly prepared to cut deals with some competitors on the down low to license its technology in return for royalties.
Apple, which unveiled its next-generation iPad tablet Wednesday, is not out to build a royalty business or make a practice of licensing IP, but the company has purportedly reached out to Samsung and Motorola Mobility with an offer to settle certain legal disputes in exchange for patent licenses, according to Dow Jones.
The news agency cited unnamed sources as saying that the proliferation of smartphones and other mobile devices running Google's Android operating system has caused Apple to reconsider its long-standing strategy of securing its own patented technology and keeping it for itself rather than licensing it for fees.
"[U]sing injunctions is no longer practical," according to one of the sources, whereas "[l]icensing is an alternative that could add cost to Android development and make it less appealing for manufacturers."
Another possible reason for Apple's reported change of heart—the company's record in fighting for its IP in court is a decidedly mixed bag.
So Apple may be willing to deal, at least in some cases, according to Dow Jones. Apple's legal adversaries in multiple patent cases concerning mobile device technology include Samsung, Motorola, and HTC. The news agency points out that Apple's court filings show that the company has in the past proposed licensing arrangements with the first two makers of Android-based smartphones.
What's more, Apple has been vocal in its advocacy of what's called "fair, reasonable, and non-discriminatory" or FRAND licensing for certain protected intellectual property essential to meeting an industry standard. Apple argues that such IP should be automatically be offered for licensing by its owner to rival companies to prevent market access from being blocked.
For example, in a recent filing in a U.S. District Court, Apple argued that a Motorola claim in Europe that Apple's iPhone 4S infringed on a Motorola patent for 3G/UMTS wireless technology was actually a FRAND licensing matter. Apple claimed that Motorola's declaration to the European Telecommunications Standards Institute ("ETSI") that the technology is essential to practicing the ETSI's GPRS standard made it so, by definition.
All of which is to say that Apple doesn't necessarily have a single view of how all patent battles should be fought—despite the company's reputation (often associated with its late co-founder Steve Jobs) as being fundamentally opposed to ever sharing anything with a competitor.
Source: http://www.pcmag.com/article2/0,2817,2401280,00.asp
