Monday, May 02, 2016 9:05:09 PM
I read both appellate court opinions with as much grit as I could muster to wade through legal differences between similar shades of gray. I think I understand why you have no opinion on how FRAND will work out. In fact I feel pretty certain it will NOT work out.
The very concept that a patent should not become more valuable just by inclusion in the standard appears nonsensical to me. For instance the second case you referenced states the following:
In the ‘215 Patent, a new “type identifier field” (“TIF”) is provided to indicate what format the ARQ field is in–e.g., is the ARQ simply the identification number of a missing packet or is it special coded bit-sequence denoting several missed packets.
Surely the value of this patent is zero UNLESS it is incorporated in the final standard. Yet the company developing the technology should receive some reward for investing resources in an effort that could have been wasted.
I think I'll go back to reading tea leaves - they are more transparent!
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