"The sad part is it maybe too late for them to reverse course."
I think you're correct. Now the cards are on the table - I have a feeling if they were to withdraw this, it would hurt the countersuit against Nokia - who could then point at Apple's selective/questionable enforcement.
Enforcement affects perception of validity and enforceability which can matter both at negotiation and court. To quote a non-neutral party, note the phrase "lax attitude":
> "Neglecting stick licensing [enforcement] has two problems. First, it results in a loss of potential royalty and damages revenues from infringed patents. Second, it undermines carrot licensing of both infringed and noninfringed patents. If an industry perceives a lax attitude on the part of a university in enforcing its patents, it will think it can infringe with impunity. Under these circumstances, taking a license would be tantamount to making a charitable gift, which few in this economic climate are inclined to do." -- Alexander Poltorak of General Patent Corporation in http://www.thefreelibrary.com/Thars+gold+in+Tham+thar+patent...
Comments
"The sad part is it maybe too late for them to reverse course."
I think you're correct. Now the cards are on the table - I have a feeling if they were to withdraw this, it would hurt the countersuit against Nokia - who could then point at Apple's selective/questionable enforcement.
My understanding is that enforcement only affects trademarks, not patents.
Enforcement affects perception of validity and enforceability which can matter both at negotiation and court. To quote a non-neutral party, note the phrase "lax attitude":
> "Neglecting stick licensing [enforcement] has two problems. First, it results in a loss of potential royalty and damages revenues from infringed patents. Second, it undermines carrot licensing of both infringed and noninfringed patents. If an industry perceives a lax attitude on the part of a university in enforcing its patents, it will think it can infringe with impunity. Under these circumstances, taking a license would be tantamount to making a charitable gift, which few in this economic climate are inclined to do." -- Alexander Poltorak of General Patent Corporation in http://www.thefreelibrary.com/Thars+gold+in+Tham+thar+patent...
Thank you; you're probably right. Some part of me thinks it would still harm the case. I need to go find a lawyer.