Comment Re: Laugh all the way to the bank (Score 4, Informative) 83
"Whether you think Microsoft's position is meritless or not, Samsung entered into a contract with them. They didn't ask a court for a legal opinion, they just stopped paying. You can't make unilateral decisions like that. "
Err - no.
In very rare circumstances do you ask a court to rule on a contract before anything has happened.
Their general response will be 'dismissed, you bear court costs, that's why you pay lawyers'.
The courts are in general not interested in offering legal advice - that's what you get expensive lawyers for.
This is exactly how contract law normally works.
X does something.
Y thinks they breached their contract, and consults their lawyers who agree that X breached the contract and has no right to future payment.
X says they diddn't, and their lawyers disagree.
Y stops paying.
X takes Y to court for non-payment.
Y cannot - at the first step - in most cases ask the court for an opinion.