How could it [Motorola] be permitted to enjoin Apple from using an invention that it contends Apple must use if it wants to make a cell phone with UMTS telecommunications capability -- without which it would not be a cell phone.Not everyone agrees with Posner, of course. The International Trade Commission, which is a U.S. agency, had agreed with Samsung to stop Apple's imports of various, older iPhones and iPads over patents which are subject to FRAND. That's what U.S. Trade Representative Michael Froman has now stopped, essentially agreeing with Posner. You can fight in court over money when it comes to SEP patents, but in the end, they must be subject to FRAND, and you can't stop trade over standards.
Behind the Apple-Samsung War Lies Google
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