unreported detail of the SEP injunction ruling
Details are now emerging that the FTC *did not* forbid seeking injunctions on Googles standards essential patents. What they actually did was require a 6months negotiation window *before* seeking injunctions. Paradoxically that may actually be massively helpful to Google. I can understand why the usual sources of PR sent to the Reg might not want to highlight this...
One problem with FRAND licensing is it rarely sets time limits on the negotiation or acquisition of licenses. That makes companies cautious about going to court because courts tend to refuse to deal with cases till far more than 6months of failed negotiation has passed. Motorola waited several years before even asking for injunctions against Apple for example.
Companies (and Google specifically) now have a good argument that 6 months is an appropriate delay. They can now initiate negotiations and if, like Apple, the other side stonewalls for 6 months they have a much improved chance of getting an injunction quickly. Getting it while the products are still selling. Getting it years quicker.
The other aspect is that injunctions on FRAND patents where the other side showed willingness and good faith negotiation were already being consistently denied by the courts, the FTC changed nothing there. However many observers believe some higher US courts are swinging alarmingly to outright banning these injunctions even with bad faith from potential licensees, this FTC decision might just bring them back to a more balanced position.
Bear in mind this was kicked off by Motorola finally losing patience with Apple over negotiating a FRAND rate. After several years. Apple's refusal to negotiate means this FTC ruling doesn't apply. The licence manoeuvres that led to Apple needing a licence are a different issue that the FTC doesn't seem interested in.