Apple should focus on beating the competition into the ground in the market place. The governments should eliminate the patent system.
Eliminate IP protection and no one has a reason to create anything. Because they would put it out in the world only to have to ripped off left and right.
What we need is a better patent system. Clearer rules on what can receive protection, new system for public review of pending patents before they can be signed off, new rules for when you can file a complaint of violation and what kind of damages you can get.
So for example
patents on mere ideas are out the door. There has to be a specific and detailed tech described even if it is just theoretical at this time. And a violation requires at least 80% of those details to match exactly and a lack of proof of concurrent development.
When a patent is submitted as part of the final review it is publicly revealed so other companies can object in the grounds they have prior art that would invalidate this new patent. A board reviews it and rejects the patent application if they agree or rejects the prior art claim. If anyone releases anything that violate the announced patent during this period and it is approved then it is still a violation. If someone falls to submit an objection during the public review they can't use it in a suit later unless they can prove there was no way for them to see clearly it was an issue until they saw the final product.
And in regards to claims against companies for violations, a limit of say 3 years is put on filing a suit for violation from the time the tech in question was released to the public. Otherwise no statutory damages will be awarded, just actual. A blanket no injunctions on SEP related issues and statutory damages are only applicable if the owning company can prove that they did attempt to negotiate FRAND rates and the offender refused. Or the offending company attempted to offer FRAND rates and was refused. In the case of offense yes it might be possible for the court to decide a FRAND rate for the license and require payment AND at the same time find against the patent owner for failure to properly license depending on circumstances
Same if there is clear evidence of patent exhaustion and the owners attempted to double dip with knowledge of the PE. And if any company, party or not, claims to have an applicable patent exhaustion, such as Apple and Lodsys, all cases are frozen (and no new ones can be filed) while the claim is reviewed. If it is shown that the owners falsely filed claims they have to pay all legal fees for those they filed against and a reasonable nuisance fine.
