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 Chinese DVD companies are suing Philips, Sony etc. |
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谢谢你的讨论，看来你很了解这个案子，是不是在给Anton Handal打工？ -- valley - (540 Byte) 2005-2-04 周五, 07:19 (334 reads) |
Karen
头衔: 海归上士
加入时间: 2005/01/15
文章: 23
海归分: 1629
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作者：Karen 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
First of all, I have never heard of Handal & Associates before. It is not that well known.
Second, most patent pools are related to some industry standard. But it is not necessarily so. Several parties can decide to pool their patents together for some specific purposes. For example, see the attached article about Korean patent consortium.
Third, theoretically you are right that all patents in a patent pool covered by a standard should be essential, and licensing should be done in accordance with the RAND policy. There could be abuse if a patent owner is also on the standard committee. But you are right in that merely claiming $5/player is unreasonable may not be enough to win the case.
Please see the attached article about Korean companies' strategy. It could be useful for Chinese companies some day.
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"Korean High-Tech Giants Form Patent Consortium"
South Korea’s high-tech industry, embroiled in increasing patent litigation across the strait with Japanese rivals, has formed a patent consortium to protect intellectual property rights for semiconductors and flat-panel displays.
The group encompasses 23 small and medium-sized companies as well as large conglomerates such as Samsung Electronics, LG Electronics, LG Philips LCD (a joint venture between LG and Philips), Dongbu Anam Semiconductor Co. and Magnachip Semiconductor.
The consortium, was created to combat litigation by foreign rivals, according to local news reports.
Further details on the consortium were not immediately available.
Japanese companies have become increasingly aggressive in their efforts to protect their intellectual property rights and compel their Korean rivals to agree to licensing agreements.
For instance, Japan’s Toshiba recently sued the South Korean rival Hynix Semiconductor for allegedly violating patents on memory chips.
Moreover, Matsushita Electric Industrial Co. Ltd., which makes products under the Panasonic brand, has filed for an injunction to halt sales in Japan of LG Electronics Inc.'s plasma panels, claiming that LG's panels infringed Matsushita's patents. LG Electronics filed a countersuit against Matsushita.
Some companies have chosen to deal with the threat in a less litigious manner, however. Earlier this month, Japanese electronics giant Sony Corp. and Korean rival Samsung Electronics penned a deal to cross-license a broad array of patents for products under development, including patents for semiconductors and broadband technologies.
The agreement, which runs from April 2004 through March 2009, covers about 11,000 of Samsung’s patents and just under 13,000 of Sony’s, according to the companies.
作者：Karen 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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