Apple and Microsoft don't have clean hands here - and that's even if you ignore their lawsuits against Android.
The history is very relevant:
1. Motorola had some FRAND patents (that are not part of a patent pool).
2. They contacted both Apple and Microsoft to get them to license them.
3. After years of failed negotiations, Motorola took them to court to get them to pay up.
4. Now, Apple and Microsoft are trying to use the FRAND offer that they previously declined as a get-out-of-jail-free card (i.e. no blocking current products) while they still fight over past infringement.
If that's how it works, why would anyone with even half a brain ever bother to license a FRAND patent pre-lawsuit? Best case, the patent holder doesn't notice or decides you're not worth going after. Worst case, you get to put off payment until after the patent holder sues.
Sounds like a great way to encourage future FRAND standards, right?
The history is very relevant:
1. Motorola had some FRAND patents (that are not part of a patent pool). 2. They contacted both Apple and Microsoft to get them to license them. 3. After years of failed negotiations, Motorola took them to court to get them to pay up. 4. Now, Apple and Microsoft are trying to use the FRAND offer that they previously declined as a get-out-of-jail-free card (i.e. no blocking current products) while they still fight over past infringement.
If that's how it works, why would anyone with even half a brain ever bother to license a FRAND patent pre-lawsuit? Best case, the patent holder doesn't notice or decides you're not worth going after. Worst case, you get to put off payment until after the patent holder sues.
Sounds like a great way to encourage future FRAND standards, right?