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  • Google Seeks Injunction Over FRAND Patents, Calling Apple "Unwilling Licensee"


    Google and Motorola recently entered an initial filing with the U.S. Federal Court of Appeals over the dismissal of a patent suit against Apple, which previously saw a circuit court judge toss arguments from both parties in 2011. The filing comes just four months after Apple issued its own such document with the CAFC in November, with Google now able to outline its appeal of Judge Richard A. Posner’s June 2012 ruling and respond to Apple’s brief.

    As noted by Florian Mueller of FOSS Patents, Google is appealing in the FRAND aspects of Judge Posner’s decision to toss the case in an attempt to win injunctive relief against certain Apple products.

    Google claims that Judge Posner made a number of mistakes when he “categorically” barred injunctive relief for infringement of claimed standards essential patents (SEPs), including a failure “to apply the four-factor eBay test to evaluate Motorola’s claim for injunctive relief.” The jurists effectively banned injunctive relief based on FRAND-committed patents, instead saying that only monetary damages could be sought unless a scenario arose in which Apple refused to pay royalties. Google argued that the decision hinders district courts from making case-by-case decisions on such matters in the future.

    Google now says that Apple is an unwilling licensee of the SEPs, which allows the Cupertino California company to get around an FTC rule that mandates all legal pursuits related to FRAND-related patents be halted. Working around the rules set forth by the FTC and USPTO regarding the litigation, Google’s Motorola hopes to win its 2.25% royalty demand, with which Apple has yet to comply. Google’s filing mentions the following:

    Motorola offered considerable evidence showing that, unlike every other major cellular handset manufacturer, Apple has been an unwilling licensee vis-à-vis Motorola's standards-essential patent portfolio.
    Apple will have to respond to Google’s claims in a second filing, while amicus curiae submissions from those within the industry are open. We’ll have to wait and see what comes of the whole ordeal.

    Source: FOSS Patents via AppleInsider
    This article was originally published in forum thread: Google Seeks Injunction Over FRAND Patents, Calling Apple "Unwilling Licensee" started by Akshay Masand View original post
    Comments 5 Comments
    1. jOnGarrett's Avatar
      jOnGarrett -
      It seems to me that apple uses a lot of other companies patents listed under FRAND yet at the same time apple sues those same companies over such trivial issues such as icons. With Samsung they even use Samsung hardware along with Samsung patents!!

      Does anybody here know how many OR which type of patents apple owns that are listed under FRAND that other companies are able to use? Im not talking about deals made like with HTC but actual apple patents that are SEPs?
    1. fleurya's Avatar
      fleurya -
      Since Apple is just a copier and Google is the real innovator, why isn't Google just innovating some new way outside the patents they want. Easy, right?

      /s
    1. BhadKarma's Avatar
      BhadKarma -
      Quote Originally Posted by fleurya View Post
      Since Apple is just a copier and Google is the real innovator, why isn't Google just innovating some new way outside the patents they want. Easy, right?

      /s
      Lul x 2
    1. Lohand's Avatar
      Lohand -
      Quote Originally Posted by jOnGarrett View Post
      It seems to me that apple uses a lot of other companies patents listed under FRAND yet at the same time apple sues those same companies over such trivial issues such as icons. With Samsung they even use Samsung hardware along with Samsung patents!!

      Does anybody here know how many OR which type of patents apple owns that are listed under FRAND that other companies are able to use? Im not talking about deals made like with HTC but actual apple patents that are SEPs?
      Does anybody here know how many OR which type of patents apple owns that are listed under FRAND

      That would be a big fat "0"!!
    1. sheon's Avatar
      sheon -
      apple just keep it up ur time will come sooner or later.... apple cant inovate anymore they buy out tech sue companys might as well just be a law office now