Re: Oh well
You raise an interesting legal question. I wonder when Huawei will think of it and investigate their options... It would be hideously complicated, and the lawyers would all win loads of money, I'm sure. The main problem will be that the legal agreement to keep the patents in a FRAND pool is *probably* not with an entity in a country that's banning Huawei.
So, for example the USA is banning Huawei. The main infrastructure vendor there is Ericsson, IIRC. They are based elsewhere. I guess Huawei would have to amend their contracts to state something like "FRAND patents are licensed on this basis assuming equal access to all markets, and if that fails we'll withdraw the license" - but this may only affect new standards-essential patents, and may not be possible to amend on existing ones (until the existing agreements end, whenever that might be).
Ericsson could well give Huawei the finger at this point - after all the patent is embodied in the standards, which are easy enough to compile into code. So Huawei would have to take Ericsson to court over it - no idea which court, or what legal argument they could apply.
IANAL, and it would probably give me a headache to try and work it out :)
Biting the hand that feeds IT
