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Wednesday, October 10, 2012, 02:33 pm
UN roundtable tackles wireless patent disputes between Apple, Samsung, others
Apple was joined by Google, Microsoft, Samsung and others in a meeting in Switzerland on Wednesday that discussed the potential patent litigation reform in the lawsuit-saturated wireless industry.The discussion, organized by the United Nations International Telecommunications Union, aimed to tackle the implications of patent litigation in the wireless industry. Intellectual property expert Florian Mueller of FOSS Patents followed the first two sessions, who said the discussions made clear that the industry is "deeply divided" over standard-essential patents.
The two main issues in the discussion, Mueller explained, are injunctive relief over standard-essential patents, and the appropriate royalty base. The meetings are a result of concerns on the part of regulators, who hope to take action before matters become even worse.
"There were no winners or losers today because they all contributed to a timely, well-organized and informative event," Mueller said. "In a way, today's winner was the ITU."
The discussions will not stop with Wednesday's roundtable. The group plans to continue to have a number of informal meetings over the next 12 months in an effort to form proposals.
"The ITU considers itself uniquely positioned, thanks to its vast experience in resolving global issues, to provide a forum in which a constructive change of thoughts may lead to a compromise," he said. "That said, I still believe that judicial and regulatory decisions will be needed."
In addition to major players like Apple, Google, Microsoft and Samsung, other companies that participated in the discussions were Hewlett-Packard, Intel, Philips, Research in Motion, Qualcomm and Sony.
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Previous Comments View All
I think the only way to pull this off is an MPEG-LA type of consortium where revenue sharing is outlined up front, as well as royalty rates fixed by type of device. Everybody pays in, and they get out their pre-negotiated percentage.
The sideline cross-licensing deals and the utter absurdity of patent law today need to be addressed as well... but I can't see these groups with vested interests making it happen.
I think the lifespan of software patents should be shortened. 20 years is eons in the computer world.
yeah the EU has a great history of solving the worlds problems, they can not even solve their own problems let alone the technology world's problem. Their solution is water everything down so no one has any advantage.
yeah the EU has a great history of solving the worlds problems, they can not even solve their own problems let alone the technology world's problem. Their solution is water everything down so no one has any advantage.
EU or... or UN, because the latter is what the article is...
Huh, you're right either way. Never mind.
the utter absurdity of patent law today need to be addressed
I disagree. Software patents often seem silly because they are a relatively new phenomenon and there is a LOT to be patented. If you look at some of the first patents, I bet you can find some really dumb, obvious stuff, and you might be tempted to say, "Boy, this patent business is all screwed up," but that's just how it had to start.
So we have a not-yet-mature patent category trying to function within a very mature system. People know how to patent things, and companies with adequate resources can really pump them out.
Patent law is not absurd. Watching today's tech giants play patent law in a global sandbox is absurd.
At least we can all agree on that there is some serious problems with patent laws.
From the BBC. some of the statements from the participants:
"There are situations were injunctions against unwilling licensees are a necessary remedy for intellectual property rights holders, such as a total refusal to negotiate a licence, or refusal to pay compensation determined by a competent court," argued Nokia.
Chip-maker Qualcomm also suggests that altering the rules could give rise to more, not less, litigation as it would encourage firms to resist their inventions being classed as standard-essential.
And, despite several recent high-profile cases, it dismisses talk of a patent "crisis".
Samsung claims the new iPhone infringes two of its Frand-type patents"The so-called 'patent wars' should be seen for what they are: a small number of participants in a highly competitive industry in which change and innovation occur at lightening speed are locked in a ferocious battle to establish market positions for competing operating systems, with litigation being a marginal aspect of this contest," Qualcomm said in its pre-event statement.
"Once these cases settle, as they inevitably will, the current fervour will subside and 'business as usual' will resume."
Samsung, Google, Research in Motion, Google, Apple, Intel, Philips, Huawei, Sony and Hewlett-Packard are among firms which did not release statements in advance, but had registered to attend the event."
The afternoon session is closed to the press.
You should have mentioned Apple ahead of the others, since it is much more important and relevant (the only ones innovating at consumer level)
At least we can all agree on that there is some serious problems with patent laws.
Not really.
I disagree. Software patents often seem silly because they are a relatively new phenomenon and there is a LOT to be patented. If you look at some of the first patents, I bet you can find some really dumb, obvious stuff, and you might be tempted to say, "Boy, this patent business is all screwed up," but that's just how it had to start.
So we have a not-yet-mature patent category trying to function within a very mature system. People know how to patent things, and companies with adequate resources can really pump them out.
Patent law is not absurd. Watching today's tech giants play patent law in a global sandbox is absurd.
What do you suggest they do?
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From the BBC. some of the statements from the participants:
"There are situations were injunctions against unwilling licensees are a necessary remedy for intellectual property rights holders, such as a total refusal to negotiate a licence, or refusal to pay compensation determined by a competent court," argued Nokia.
Chip-maker Qualcomm also suggests that altering the rules could give rise to more, not less, litigation as it would encourage firms to resist their inventions being classed as standard-essential.
And, despite several recent high-profile cases, it dismisses talk of a patent "crisis".
"The so-called 'patent wars' should be seen for what they are: a small number of participants in a highly competitive industry in which change and innovation occur at lightening speed are locked in a ferocious battle to establish market positions for competing operating systems, with litigation being a marginal aspect of this contest," Qualcomm said in its pre-event statement.
"Once these cases settle, as they inevitably will, the current fervour will subside and 'business as usual' will resume."
Samsung, Google, Research in Motion, Google, Apple, Intel, Philips, Huawei, Sony and Hewlett-Packard are among firms which did not release statements in advance, but had registered to attend the event."
The afternoon session is closed to the press.