Apple Faces Ericsson Lawsuit After Refusing Licensing Deal

[bawbac]

Apple gets what Apple did.
I think it's smart for these companies to come after them now when financial gain of a settlement can be high and successful!

Apple started all these frivolous patent lawsuits & now it's coming back to bite them, 100 fold!

 

[Oletros]

Apple gets what Apple did.
I think it's smart for these companies to come after them now when financial gain of a settlement can be high and successful!

Apple started all these frivolous patent lawsuits & now it's coming back to bite them, 100 fold!

Litigation between telecom companies started way before Apple thought entering that market

 

[bawbac]

Litigation between telecom companies started way before Apple thought entering that market

Agreed but Apple got the frivolous law suites rolling for minute changes(not obvious innovation) for the new millennium.
They set the stage and now everyone wants to be a star!

 

[Glideslope]

Texas is a bad state to get sued in.

There is no need for Texas. Let them secede, and give Mexico the Green Light.

 

[Dezryth]

There is no need for Texas. Let them secede, and give Mexico the Green Light.

Come on, what is this anti-Texas sentiment in this thread...

They're much more likely to have a fair case here, though it would have been more 'fair-er' if it were in California, for Apple.

EDIT: Oh you're from New York. Yeah, makes sense now. Probably one of those left wing libs who's upset we're doing so well as a state despite how conservative our policies are.

 

[inscrewtable]

Apple in danger of becoming a litigant troll.

 

[Michael Goff]

Yet another sad case of Patent Trolls looking for Apple's money in Tyler, Texas. (I live in Dallas, it's nothing against Tyler. It's just the ambulance-chaser/troll mentality that kills me.)

The thing is, at $250 million a year, an individual Apple C-Level could pay it off and be done with it. I think we're looking more at a "principle of the matter" issue for Apple, and the whole thing is just a big tempest in a teapot.

Is the new definition for Patent Troll "Anyone who sues Apple"?

 

[Fenez]

Come on, what is this anti-Texas sentiment in this thread...

They're much more likely to have a fair case here, though it would have been more 'fair-er' if it were in California, for Apple.

EDIT: Oh you're from New York. Yeah, makes sense now. Probably one of those left wing libs who's upset we're doing so well as a state despite how conservative our policies are.

Hey. Hey.. Easy with the bad talk about New York... Its a great place filled with people of all kinds of political and social differences... We don't all lean left.

 

[Dionte]

The future is going to be a hot mess.

 

[Dezryth]

Hey. Hey.. Easy with the bad talk about New York... Its a great place filled with people of all kinds of political and social differences... We don't all lean left.

Oh yeah I didn't mean to suggest that. Just taking a stab at where the Texas-hate may stem from. I just moved out of California a few weeks ago, so I'm very aware of what it's like having to remind people of the fact that not everyone fits the stereotype!

 

[Fenez]

Oh yeah I didn't mean to suggest that. Just taking a stab at where the Texas-hate may stem from. I just moved out of California a few weeks ago, so I'm very aware of what it's like having to remind people of the fact that not everyone fits the stereotype!

I was only breaking your chops.... I wasn't offended. Lol

 

[deadwalrus]

Okay, so here is a place where patent reform could be had, I think fairly easily.

Apple and Ericsson had a licensing agreement in place that expired. So they both acknowledged that there was a valid patent, and that it was reasonable to license said patent for usage in the devices.

Essentially, this is nothing more than a business negotiation that Ericsson has now taken to litigation. The result is that Apple is now forced to either roll the dice in a jurisdiction that is known to be unfriendly to defendants, or settle with essentially a gun to their head.

Why not create a mediation panel, tied to the USPTO that hears disputes such as this? Each side presents their case, and the panel determines questions of patent validity and value. If either of the parties is unhappy enough with their findings they can appeal the decision through the Federal appeals courts.

At least with this methodology these important decisions can be kept out of the hands of the kangaroo courts in the Eastern Division of Texas.

6th Amendment to the US Constitution gives right to a jury trial. This is a non-starter.

 

[TheHateMachine]

Come on, what is this anti-Texas sentiment in this thread...

They're much more likely to have a fair case here, though it would have been more 'fair-er' if it were in California, for Apple.

EDIT: Oh you're from New York. Yeah, makes sense now. Probably one of those left wing libs who's upset we're doing so well as a state despite how conservative our policies are.

Define doing well as a state and what metrics we (Texas) are high in?

Obesity? Poverty? Both pretty high. How about state spending in welfare? Pretty high too. I guess you could also include how much Texas takes from the fed as aid. Almost as much as NY does.

It is certainly not road quality, as that is pretty abysmal. Nor can it be education, as we don't spend a lot on education and our performance in education metrics is well... not optimal because of that.

We do have a large amount of cheap immigrant labor here in Texas though and an expanding low wage job market. Could always use more fast food workers and Walmart grunts I guess. Oil was at a very high point a few years ago and when oil does good it props up the Texas job market very well.

Oil is probably one of the biggest contributors to the Texas economy. Oil and gas are also exported and do especially well even since the recession. I don't think policies are contributing towards the Texas economy, I think it was the oil boom and all the money that came with it.

Only time will tell how the recent plunge in pricing is going to effect things. If you lived in Houston you would know that all the big names have begun reducing staff. Hope those conservative policies you cited will help a state propped up on inflated oil prices do just as well since the price tanked and will take some time to recover.

 

[thekeyring]

Time to void all patents. You can''t take a dump now without someone patenting it.

Also, considering how much Apple patented that they claim Google have copied, some of the patents don't even seem to work?

 

[69Mustang]

You mean:
Hi Tech 2015: everybody sue Apple!

Since Apple sued first and Ericsson counter-sued, usersince86 was actually correct: High Tech 2015: everybody sue everybody!

From the OP, you seemed to have missed this part: "Apple originally filed suit against Ericsson on January 12... Ericsson countersued in a Texas courtroom just hours later."

6th Amendment to the US Constitution gives right to a jury trial. This is a non-starter.

Why do people quote constitutional law on the internet? 9 time out of 10, they misinterpret the law and/or apply it to the wrong situation.

In criminal prosecutions, the 6th Amendment gives you the right to a speedy trial with an impartial jury. It gives you the right to a lawyer and the right to...

You see where this is going. This isn't a criminal case. 6th Amendment doesn't apply here or in relation to rdlink's post about a mediation panel.

 

[deadwalrus]

Since Apple sued first and Ericsson counter-sued, usersince86 was actually correct: High Tech 2015: everybody sue everybody!

From the OP, you seemed to have missed this part: "Apple originally filed suit against Ericsson on January 12... Ericsson countersued in a Texas courtroom just hours later."



Why do people quote constitutional law on the internet? 9 time out of 10, they misinterpret the law and/or apply it to the wrong situation.

In criminal prosecutions, the 6th Amendment gives you the right to a speedy trial with an impartial jury. It gives you the right to a lawyer and the right to...

You see where this is going. This isn't a criminal case. 6th Amendment doesn't apply here or in relation to rdlink's post about a mediation panel.

7th amendment. Sorry.

To answer your question, I cited constitutional law on the Internet because in this instance it's controlling. So absent a revision to the constitution, this "reform" ain't happening.

 

[Crosscreek]

There is no need for Texas. Let them secede, and give Mexico the Green Light.

That's funny and I have to agree.

 

[69Mustang]

7th amendment. Sorry.

To answer your question, I cited constitutional law on the Internet because in this instance it's controlling. So absent a revision to the constitution, this "reform" ain't happening.

Right rule still incorrectly applied to rdlink's quote. The applicable portion of his quote:

"Why not create a mediation panel, tied to the USPTO that hears disputes such as this? Each side presents their case, and the panel determines questions of patent validity and value. If either of the parties is unhappy enough with their findings they can appeal the decision through the Federal appeals courts."

The "reform" or mediation panel wouldn't mean giving up 7th Amendment rights of a trial. rdlink included the courts and the right to trial in his idealized reformation. He even chose the right court since the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

What he is suggesting would abridge no amendment. Nor would it require a change in the law. Basically he saying they should use an arbitrator for an initial decision. If that doesn't work then go to court.

 

[Tiger8]

What on Earth would make you believe that the jury is better qualified to decide?

A jury is made up of the old and/or stupid. Anyone with half a brain or a real job is not going to be doing jury duty!

This isn't about defending darling Apple here. But I don't see why anyone who makes a cell phone should have to pay some irrelevant company a fee. I'm sure all of those companies you mentioned have received plenty of money for the technology that they invented that you allege is critical to having a cell phone network.

Now it's time to move on and accept that we now have a cell phone network. If I invent a cell phone today, I shouldn't have to pay some patent troll with 35,000 patents for the rights to sell my cell, regardless of whether some of their technology helped make the network we use.

What's next, should MacRumors pay Al Gore for having a web site, since he invented the Internet?

Irrelevant? Hardly. Ericsson is responsible for most LTE installations in this country. they might not be a household band anymore but they scoring hundreds of millions of dollars in contracts with AT&T and Verizon. If Apple infringed, they should pay. It wouldn't be the first time.

Jury is more qualified because they are the ones sitting in court getting more info, rather than make a statement based on an article on macrumor.

a lot of smart people go on jury duty when called, it's a civic duty. People should be ashamed if they disqualify themselves on purpose. #entitled.

 

[SlCKB0Y]

And now that Ericsson is all but forgotten as a cell phone manufacturer, they are using what little cash they have left to try and take a bite out of Apple.

Lol..... Their primary business has always been telecommunications gear, not phones, and it still is to this day.

----------

A jury is made up of the old and/or stupid. Anyone with half a brain or a real job is not going to be doing jury duty!

And yet you characterise Erricson as a company which had no money and primarily made phones. Which of your categories do you fit into?

 

[Glideslope]

Come on, what is this anti-Texas sentiment in this thread...

They're much more likely to have a fair case here, though it would have been more 'fair-er' if it were in California, for Apple.

EDIT: Oh you're from New York. Yeah, makes sense now. Probably one of those left wing libs who's upset we're doing so well as a state despite how conservative our policies are.

Actually I'm very neutral. I simply support Texas' desire to secede, and Mexico's right to take back what was stolen from them. It's irrelevant anyhow. By the time these suits are appealed to the end we will be on to other items.

 

[Keirasplace]

Irrelevant? Hardly. Ericsson is responsible for most LTE installations in this country. they might not be a household band anymore but they scoring hundreds of millions of dollars in contracts with AT&T and Verizon. If Apple infringed, they should pay. It wouldn't be the first time.

Jury is more qualified because they are the ones sitting in court getting more info, rather than make a statement based on an article on macrumor.

a lot of smart people go on jury duty when called, it's a civic duty. People should be ashamed if they disqualify themselves on purpose. #entitled.

Being more qualified than people who have no info at all is very faint praise indeed. You realize many want to reform the way experts are presented to juries because right now it's a big mess.

I don't care how intelligent you are, you're not going to understand the intricacy of such a case, a subject, by being shown a view slides by a biased expert (each sides having their own expert obviously). That's a total non starter to me.

The ridiculous awards proves those juries don't have a clue about licensing and these crazy judgements then just beg to be appealed, ad nauseum. Pretty sure that's justice isn't served by these things having to drag on for many years.

 

[cylack]

Time to scrap all patents. You invent and use it you get to enjoy the lions share of the profits till competitors copy it should be the new rule.

Patents are not some god given right; they are man made and artificial.

Enough of the argument that patents protect the little guy. There are no more Edisons. Just patent trolls, and yes Apple can be trollish too at times.

 

[MacBH928]

When companies sue, do they get what was their right in their first place or do they get 10x that?

Sounds to me many companies wait until another one infringes on their patents to sue them and make super extra profit.

 

[deadwalrus]

[/COLOR]

Right rule still incorrectly applied to rdlink's quote. The applicable portion of his quote:

"Why not create a mediation panel, tied to the USPTO that hears disputes such as this? Each side presents their case, and the panel determines questions of patent validity and value. If either of the parties is unhappy enough with their findings they can appeal the decision through the Federal appeals courts."

The "reform" or mediation panel wouldn't mean giving up 7th Amendment rights of a trial. rdlink included the courts and the right to trial in his idealized reformation. He even chose the right court since the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

What he is suggesting would abridge no amendment. Nor would it require a change in the law. Basically he saying they should use an arbitrator for an initial decision. If that doesn't work then go to court.

That does not fix the issue. The 7th amendment gives unfettered right for facts in civil cases to be jury tried. The Court of Appeals is not a jury. Obviously if both parties consent it can go to mediation--which happens all the time.

I suppose you could force non-binding mediation before a jury trial. But that's not what was suggested. And if it's non-bonding, what is the point? The losing party would just take it to the jury.