|By Maureen O'Gara||
|January 11, 2013 08:00 AM EST||
Following the consent decree Google signed last week with the Federal Trade Commission limiting its use of standards-essential patents (SEPs), Google satellite Motorola Mobility told the International Trade Commission Tuesday it wants to drop the two remaining video compression SEP claims it's been pushing against Microsoft.
Motorola has already abandoned other SEP claims in the suit.
Microsoft wants to license the H.264 IP for its Xbox gaming console but only on fair and reasonable terms and has rejected Google's demand for billions of dollars a year.
For its part Google wants to block Xbox imports into the US but the FTC told Google it had to license the widgetry to "willing licensees" even if that takes binding arbitration.
Motorola Mobility still wants to pursue Microsoft on a non-SEP infringement charge and wants damages on all the patents. Such a scenario would take an appeal to the Federal Circuit.
Google is also still involved in suits over SEP injunctions in federal court in Seattle and in Germany.
Microsoft anticipated Motorola's dismissal move in a filing Monday.
Motorola is taking evidently the same tack with Apple. In the Apple case it needs the ITC to reverse Administrative Judge Thomas Pender's finding that the non-SEP patent it wants to use to cripple Apple is invalid although Apple appears to tread on it. It concerns deactivating a touchscreen when the phone is held close to the user's ear during a call. Apple may be able to rebuff the charge. It's hard to tell since the motions are sealed.
Then on Tuesday the Justice Department and the Patent and Trademark Office put out an unusual position paper on the SEP remedies that FOSS Patents says "muddies the water" and becomes "part of the problem."
The blog takes issue with the agencies' statement that "if a putative licensee refuses to pay what has been determined to be a F/RAND royalty, or refuses to engage in a negotiation to determine F/RAND terms, an exclusion order could be appropriate. Such a refusal could take the form of a constructive refusal to negotiate, such as by insisting on terms clearly outside the bounds of what could reasonably be considered to be F/RAND terms in an attempt to evade the putative licensee's obligation to fairly compensate the patent holder. This list is not an exhaustive one."
It says the loophole is "totally open-ended" citing the policy statement's unbounded position on this so-called "constructive refusal to negotiate" as grounds for an injunction for SEP infringement.
It figures that the agencies' saying the list is "not exhaustive" means the DOJ and the PTO "aren't serious about curbing SEP abuse." They want to keep the door open to SEP-based injunctions whereas the FTC should realize that "the notion of mutually assured SEP-based destruction" is a bad idea that no one other than Google and its minions would want to support.
As enterprises move to all-IP networks and cloud-based applications, communications service providers (CSPs) – facing increased competition from over-the-top providers delivering content via the Internet and independently of CSPs – must be able to offer seamless cloud-based communication and collaboration solutions that can scale for small, midsize, and large enterprises, as well as public sector organizations, in order to keep and grow market share. The latest version of Oracle Communications Unified Communications Suite gives CSPs the capability to do just that. In addition, its integration ...
Apr. 28, 2015 03:30 PM EDT Reads: 4,470
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Apr. 28, 2015 03:00 PM EDT Reads: 1,600
Dave will share his insights on how Internet of Things for Enterprises are transforming and making more productive and efficient operations and maintenance (O&M) procedures in the cleantech industry and beyond. Speaker Bio: Dave Landa is chief operating officer of Cybozu Corp (kintone US). Based in the San Francisco Bay Area, Dave has been on the forefront of the Cloud revolution driving strategic business development on the executive teams of multiple leading Software as a Services (SaaS) application providers dating back to 2004. Cybozu's kintone.com is a leading global BYOA (Build Your O...
Apr. 28, 2015 02:00 PM EDT Reads: 1,714
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Apr. 28, 2015 12:00 PM EDT Reads: 1,788
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Apr. 28, 2015 12:00 PM EDT Reads: 2,480
From telemedicine to smart cars, digital homes and industrial monitoring, the explosive growth of IoT has created exciting new business opportunities for real time calls and messaging. In his session at @ThingsExpo, Ivelin Ivanov, CEO and Co-Founder of Telestax, shared some of the new revenue sources that IoT created for Restcomm – the open source telephony platform from Telestax. Ivelin Ivanov is a technology entrepreneur who founded Mobicents, an Open Source VoIP Platform, to help create, deploy, and manage applications integrating voice, video and data. He is the co-founder of TeleStax, a...
Apr. 28, 2015 12:00 PM EDT Reads: 5,323
SYS-CON Events announced today that B2Cloud, a provider of enterprise resource planning software, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. B2cloud develops the software you need. They have the ideal tools to help you work with your clients. B2Cloud’s main solutions include AGIS – ERP, CLOHC, AGIS – Invoice, and IZUM
Apr. 28, 2015 12:00 PM EDT Reads: 3,714
How is unified communications transforming the way businesses operate? In his session at WebRTC Summit, Arvind Rangarajan, Director of Product Marketing at BroadSoft, will discuss how to extend unified communications experience outside the enterprise through WebRTC. He will also review use cases across different industry verticals. Arvind Rangarajan is Director, Product Marketing at BroadSoft. He has over 19 years of experience in the telecommunications industry in various roles such as Software Development, Product Management and Product Marketing, applied across Wireless, Unified Communic...
Apr. 28, 2015 12:00 PM EDT Reads: 1,835
Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities. Accordingly, attendees at the upcoming 16th Cloud Expo at the Javits Center in New York June 9-11 will find fresh new content in a new track called PaaS | Containers & Microservices Containers are not being considered for the first time by the cloud community, but a current era of re-consideration has pushed them to the top of the cloud agenda. With the launch of Docker's initial release in March of 2013, interest was revved up several notches. Then late last...
Apr. 28, 2015 11:00 AM EDT Reads: 3,013
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Apr. 28, 2015 11:00 AM EDT Reads: 2,227
SYS-CON Events announced today that Litmus Automation will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Litmus Automation’s vision is to provide a solution for companies that are in a rush to embrace the disruptive Internet of Things technology and leverage it for real business challenges. Litmus Automation simplifies the complexity of connected devices applications with Loop, a secure and scalable cloud platform.
Apr. 28, 2015 11:00 AM EDT Reads: 1,935
While not quite mainstream yet, WebRTC is starting to gain ground with Carriers, Enterprises and Independent Software Vendors (ISV’s) alike. WebRTC makes it easy for developers to add audio and video communications into their applications by using Web browsers as their platform. But like any market, every customer engagement has unique requirements, as well as constraints. And of course, one size does not fit all. In her session at WebRTC Summit, Dr. Natasha Tamaskar, Vice President, Head of Cloud and Mobile Strategy at GENBAND, will explore what is needed to take a real time communications ...
Apr. 28, 2015 11:00 AM EDT Reads: 1,903
In 2015, 4.9 billion connected "things" will be in use. By 2020, Gartner forecasts this amount to be 25 billion, a 410 percent increase in just five years. How will businesses handle this rapid growth of data? Hadoop will continue to improve its technology to meet business demands, by enabling businesses to access/analyze data in real time, when and where they need it. Cloudera's Chief Technologist, Eli Collins, will discuss how Big Data is keeping up with today's data demands and how in the future, data and analytics will be pervasive, embedded into every workflow, application and infra...
Apr. 28, 2015 11:00 AM EDT Reads: 1,619
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Apr. 28, 2015 11:00 AM EDT Reads: 1,809
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Apr. 28, 2015 11:00 AM EDT Reads: 3,784
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Apr. 28, 2015 11:00 AM EDT Reads: 2,709
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Apr. 28, 2015 11:00 AM EDT Reads: 2,222
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Apr. 28, 2015 11:00 AM EDT Reads: 2,190
So I guess we’ve officially entered a new era of lean and mean. I say this with the announcement of Ubuntu Snappy Core, “designed for lightweight cloud container hosts running Docker and for smart devices,” according to Canonical. “Snappy Ubuntu Core is the smallest Ubuntu available, designed for security and efficiency in devices or on the cloud.” This first version of Snappy Ubuntu Core features secure app containment and Docker 1.6 (1.5 in main release), is available on public clouds, and for ARM and x86 devices on several IoT boards. It’s a Trend! This announcement comes just as...
Apr. 28, 2015 10:45 AM EDT Reads: 1,644
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Apr. 28, 2015 10:00 AM EDT Reads: 4,334