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Apple Asks for Clear Rules on 'Essential' Patents

 & Chloe Albanesius Executive Editor, News

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Apple has asked a European standards body to come up with basic rules for how it handles licensing of wireless standard patents.

As reported by the Wall Street Journal, Apple told the European Telecommunications Standards Institute (ETSI) that the patent landscape is inconsistent and would benefit from some guidance. Cupertino penned its letter to ETSI in November, but it was just made public today.

At issue is something known as FRAND (fair, reasonable and non-discriminatory) licensing obligations, which are intended to keep major corporations in check and avoid abusive patent-related behavior. Basically, if a company holds a patent on a technology that is essential to a particular industry, they should make every effort to license that technology, even to major rivals.

"Apple believes the industry would benefit from a more consistent and transparent application of FRAND, especially related to the licensing of cellular standards essential patents," Bruce Watrous, Apple's chief IP counsel, wrote in the letter, a copy of which was posted online by patent blogger Florian Mueller.

In a blog post, Mueller said "that's a diplomatic way of saying that FRAND abuse is rampant these days."

Watrous said Apple was committed to FRAND and proposed a framework based on three elements: appropriate royalty rate; common royalty base; and no injunction.

The news comes to light several days after a Manheim court granted Motorola a permanent injunction against Apple's iCloud push email notifications. The injunction also covers devices that can access iCloud and its predecessor, MobileMe, which prompted Apple to briefly remove items from its German online store.

On that front, Bloomberg reported today that Google, which is in the process of acquiring Motorola Mobility, will tell European regulators, including ETSI, that it will license patents on a FRAND basis.

Apple, of course, has been filing patent lawsuits and asking for injunctions all over the globe against companies like Samsung, HTC, and Motorola.

11-11-11 Apple Letter to ETSI on FRAND

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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