Bonum Certa Men Certa

FRAND Challenged by CCIA Amid FRAND Pressure From Anti-Android Camp

FRAND is the opposite of FRIEND

Love



Summary: Notable cases against Android (Apple and Microsoft tag-team maneuverers) face new challenges as opinion shifts against FRAND, the software patents tax trick

Pamela Jones has composed this post which provides a summary of some of the latest developments in the Motorola case, where Microsoft has been trying to use FRAND to its advantage against Android. Here is the latest:





We find out now what the additional evidence is that caused Judge James L. Robart in Seattle to reopen the November trial in Microsoft v. Motorola and to ask for further briefing on the Google-MPEG LA license. Motorola just informed [PDF] the Seattle court that it has accepted Microsoft's August 2012 offer of payment for Motorola's German patents. It attaches as Exhibit A the agreement [PDF] and a cover letter [PDF], Exhibit B, it sent to Microsoft's German lawyer, saying it accepts the prior offer. Motorola tells Judge Robart, "These are the documents discussed at the telephonic conference with the Court on February 12, 2013."


Apple, in the mean time, has been using FRAND against Android as well. Koh wishes to put a halt to this:

Judge Lucy Koh has asked both tech giants to put their latest smartphone patent case on hold while an appeals court reviews an earlier judgement.


Here is Jones' reposted report, a "Report from the Apple v. Samsung II Markman Hearing."

The Markman hearing in Apple v. Samsung II was Friday, the 21st. And now we are really entering the darkest part of the patent woods. It doesn't get any more exasperatingly detailed than at a Markman hearing. But as usual with legal matters, the more you force yourself to examine the details, the more you get out of it and the more enjoyable it eventually becomes.

At the hearing, the presiding judge, the Hon. Lucy Koh, told the parties they have to narrow their cases against each other to 25 patent claims against 25 products, with more narrowing to come. And she asked if it would be wise to just table this case until the Federal Circuit rules on a pending appeal. Samsung told the judge it will, in fact, be offering a motion to do exactly that, but Apple piped up that it will oppose that motion.


Apple’s court win against Samsung has just been axed in half, so it's a step in the right direction following the original travesty.

CCIA, quite helpfully, has meanwhile joined forces with some players who seek to limit the use of FRAND in litigation:

The CCIA and RIM Tell the FTC Banning Injunctions for FRAND Patents Can Make Smartphone Wars Worse



If the government wants to build a highway and your house is in the way of the highway, what happens?

Does the government come and tell you, "You have to move out and abandon the house. Sorry for the loss of the value of your house, but that's life. The public interest comes ahead of your individual property rights."

Is that how it works?

Of course not. The government may be able, under certain circumstances, to tell you to move in order to build the highway, but it has to *pay* you reasonable compensation. You don't have to just gulp and swallow such a loss. Why? Because no one, not the government or anyone, has the right to rob you of your property rights. It's your house. You paid money for it, and if they take it away to benefit the larger good, you should at least be paid compensation.


Well done, Groklaw, for useful analysis of all this. The press scarcely covers these issues.

Recent Techrights' Posts

The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
 
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026