If UB sell 60m packets of Hulas hoops and Apple sell 4m macs, UB wins, does it? The fact that Apple can sell 60m units at an average price of $800 must mean something, right?
No, judges are not always setting FRAND rates, but they CAN, they have the authority if hearing a commercial case. They will always encourage the parties to settle…
This was in the press release for the Microsoft investment in B&N
“Barnes & Noble and Microsoft have settled their patent litigation, and moving forward, Barnes & Noble and Newco will have a royalty-bearing license under Microsoft’s patents for its NOOK eReader and Tablet products. This paves the way for both companies to collaborate and reach a broader set of customers.”
Note the royalty-bearing license – B&N did settle and are paying Microsoft.
The “jurisdiction” of the standards bodies is not contained within legislation. The parties came to court in a commercial dispute and the judge has legal power to settle that dispute – otherwise the courts would not be of any use for commercial cases.
