There's nothing wrong with a FRAND rate
For years MENS has been resisting licensing on any terms. IDCC has declared it's patents as essential agreed to license on FRAND terms. IDCC has been trying to license on FRAND terms for quite a while. So if we need to go to trial to determine FRAND, that's okay with me. Finally the infringers have motivation to get a licensing deal done, so sign them on FRAND terms now that they have an interest in coming to an agreement.
However FRAND is not an unchanging amount. Like gas prices or housing prices, the Fair and Reasonable price changes. So if patents are challenged and found essential, if your products are found to infringe on non-essential patents, then the fair value goes up.
Non-Discrimintory means that you can't charge higher rates to similar licensees. It does not mean everyone pays the exact same rate. There are volume discounts available. If you are a little guy, you pay more than the big dog. If you pay in advance, you get a discount. Similarly, if you negotiate in good faith and sign without legal action, your rate should be better than someone who's rate includes an increase for forcing IDCC to incur legal expenses and prove the validity of its IP. Those are different types of licensees and should pay different rates under FRAND.
I've been waiting a long, long time for IDCC to get FRAND licenses with everyone, including all the big boys. I will be very happy when it happens. I probably shouldn't say this, but I really think we may be very close to our real watershed event when we can break out our calculator with a lot of zeros and see the chart of our income and share price looking like a hockey stick. To quote MickeyBritt, IDCC is a SCREAMING BUY!!!!!!!
