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From: slacker7118/15/2012 11:30:59 PM
1 Recommendation   of 155542
 
FWIW, while looking at an Apple USITIC case, I stumbled across an opinion from Qualcomm on whether a commitment to FRAND would automatically exclude the possibility of an injunction. I thought that this comment from Qualcomm was pretty interesting.


Second, no implication or inference that the right to an injunction has been
waived is possible with respect to the ETSI IPR policy. Language whereby a patentee making a
FRAND commitment would have waived all right to injunction was debated and briefly included
in an IPR policy adopted in 1993. However, when the current policy was adopted in 1994, that
provision was removed. The only permissible inference from this sequence is that the ETSI
membership turned their minds to the question of waiver of injunction and affirmatively decided
to exclude any such waiver from the content of the FRAND commitment.
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