Comment RTFA please : FOSS explains the difference (Score 1) 381
When a patent is part of standard, you can not use it to block people. You can only use it to get license from them.
If you proposed a "Fair, Raisonnable And Non-Discriminatory" (FRAND) licence scheme and this was rejected THEN you could ask for the licence to be imposed on the infringer or the products to be banned.
If you don't do propose a FRAND licence, it means that you did not respect your engagement made to the Standard Setting Organization and you lose your hability to enforce your patent.
Apple here complains that:
- Samsung and MMI never proposed licenses at all
- Samsung and MMI are trying to get Apple products blocked while with such patents the only thing you could get are forced licenses and not product blocking
The Nokia vs Apple was a good example where the distinct between FRAND and non-FRAND patent was clearly made and the corresponding requests were relevant.