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I'm not sure if you're being a troll, but I'll bite anyway.

This is about consumer choice: Motorola clearly does not have any device which effectively competes with the iPhone. Further, allowing Motorola to pick and choose who it competes against (remember, they are arguing that, as the holder of a patent required to implement a standards-compliant device, they get to play gatekeeper for the mobile phone market) is plainly against the interests of the consumer.




Motorola's request for injunctive relief is a different animal than the Apple request at issue in spacestation's comment. The denial of Motorola's request involves their own claim/classification of their patent as necessary for all cell phones and therefore subject to a fairly licensed classification (FRAND.) Posner seems pretty amenable to a mechanical license in that case, but Motorola failed to provide evidence of a fair price for such a mechanism. Further, he suggests Apple has invented around this patent anyway and it isn't actually 'necessary.'




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