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"They arent doing that."

I'd strongly advise to add an "alledgedly" there. Now, Qualcomm certainly is no saint when it comes to patent infighting/strongarming/abuse/(your moniker of choice), the accusations are quite strong and I don't think I'll shed a tear should they bear fruit. But FRAND is a fickle mistress. There is no simple predetermined way of how to declare something as FRAND, and it's certainly not up to one party to unilaterally declare something FRAND or not. When push comes to shove, it's still a matter of negotiation and - should that fail - a matter of the courts.

Apple themselves should know best - after all, they had a long clinch with Nokia about that matter. Ironically, while their claim was the same (that the opponent's terms were unfair), the actions were completely opposite. Back then, it was Nokia who asked the court to defining the FRAND licencing terms after rounds and rounds of fruitless negotiation...it never came to that, of course, since they finally settled out of court shortly afterwards (with a previously unthinkable cross-licensing deal nonetheless).



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