A British patent holder whose U.S. case was thrown out got a warmer reception in a British High Court.
From "Apple's lawyers warn it could quit UK market if court forces company to pay 'commercially unacceptable' fee for technology used in its iPhones" posted Saturday on This Is Money:
Optis [Cellular Technology] is suing Apple for patent infringement after the iPhone maker refused to pay license fees worth a possible $7billion for using 'standardized' smartphone technology in its products.
A High Court judge ruled last month that Apple had infringed two Optis patents, which help iPhones connect to the 3G and 4G networks.
At a hearing in January, Mr Justice Meade warned Apple that 'it might be disappointed' by the rate set by a judge.
Apple could walk away from the fees if it exits the UK market. But Mr Justice Meade suggested this was unlikely, saying: 'There is no evidence Apple is really going to say no [to paying the rate set by the judge], is there? There is no evidence it is even remotely possible Apple will leave the UK market?'
Apple's lawyer Marie Demetriou replied: 'I am not sure that is right... Apple's position is it should indeed be able to reflect on the terms and decide whether commercially it is right to accept them or to leave the UK market. There may be terms that are set by the court which are just commercially unacceptable.'
My take: Sputnik News loved this story. Patently Apple's Jack Purcher called Optis Cellular a "patent troll" and invoked FRAND. Sounds about right.
98% of NPE companies border on evil IMO.
If the UK wants to hit Apple this way, and Android is left alone, precisely because few Android companies save Samsung could even pay such a sum, then fine, Apple can leave UK, leaving its UK based carriers to soldier on without them, sales will shift to the EU and be imported in, VAT will be lost, and everyone in the UK would then have to buy other, ironically, Chinese and Korean made phones.
Interestingly, this would actually reduce competition in the UK and Android would be a “monopoly” due to an unfair ruling and fee, IMO. But then again, the UK has had so much decimation of its tech sector, never having even a long term viable smartphone company compete. The two that are there, Bullitt (a ripoff of the movie name, IMO) and WileyFox, are but 12 y/o or less, and of course, both built in China to spec., either ruggedized UK designs, or copies of Google Android reference designs respectively. Both are very minor niche players, rather irrelevant IMO.
While I have many U.K. friends and admiration for its history, the U.K. has been a mess for awhile, IMO.
And THAT’S why Apple is talking about leaving the UK market. Are we about to enter the Patent War era?
My message to the UK and EU legal minds that which to use courts or regulation to contain the US digital transformation innovators: “Your people can compete. Just let them. Further, if you hobble the US, you’ll see Korea and China stand ready, willing and able to move in. Don’t follow India’s older failed model of obstruction.”
If a company submits it’s patent for FRANDship, it gives up patent trolling and exorbitant fees. In exchange, it receives, essentially, an annuity or guarantee of future income.
If a company chooses to aggressively own and pursue its own patents, it may be able to make a killing, but it also risks that it may not.
I think both business models should be available.