Wilfulness, Game Theory, and Musical Chairs ...
posted on
Oct 08, 2013 12:16AM
Wilful Infringement is now a relevant topic for products utilizing Qualcomm chips (utilizing ARM cores) and Texas Instruments (corrections welcome) as they were the chip manufacturers brought to trial "indirectly." What that means is any company, especially HTC, may now be subject to wilful infringement if they use chips from those companies because most likely the PLLs on those chips are very similar to the ones in the HTC accused products. Game theory and musical chairs are more similar themes. Ideally, according to game theory in a sense, the infringing companies should collude/cooperate and not license and force TPL/PTSC to litigate each and every company. Not likely in a practical sense with a jury verdict in hand. But the theory typically finds in practice/reality the individuals, in this case individual companies, will do what is best for themselves. So then, hopefully, we will start to see the musical chairs scenario play out on our very own phone/tablet/laptop/pc screens -- btw all possible by the MMP -- having every "individual" rushing to get a license before they become singled out and are left without a chair, i.e., pay big bucks for a license. Granted, this idea is a function of time. The momentum needs to begin and licensing rates need to go up. Who will start to look out for themselves first? Will we wait to license until after the ITC? If the ITC does grant a review of Judge Gildea's initial determination, then do licensing fees go up and the sales pitch is, "you better license now for the legal cost you would spend anyway at the NDoC while there is still uncertainty at the ITC, because if we win with the Commission, we will charge you 5 times the legal cost and ask for wilfulness because you use the same family of chips as the Qualcomm chips in the HTC products. Good luck!" The chip families from Qualcomm and Texas Instruments found to infringe in HTC phones are extremely suceptible to damages, as are most modern day microprocessors in general now that we have the verdict. It would be interesting to view the chip families and see if they are still in production today (probably yes) and what phones from what companies are using which families identified in the HTC products. We have the chip set list ... Maybe if I'm bored I'll take a look. Good luck ...