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  • Apple Looks to Renew FRAND licensing suit against Motorola


    With an ongoing court battle against Samsung on the West Coast, Apple recently asked the US Court of Appeals for the Federal Circuit in Washington DC to renew a lawsuit against Motorola’s alleged unreasonable licensing fees for declared-essential cellphone technology. Apple counsel requested that the US Court of Appeals for the Federal Circuit revive a lawsuit against Google’s Motorola Mobility over a FRAND contract, claiming the handset maker charged unreasonable rates for declared standard essential 3G cellular technology.

    Apple lawyer Joshua Rosenkranz said the following in court regarding the matter:

    You're talking about billions of dollars hanging over the head of Apple.
    The case is an extension of a FRAND-related action that was dismissed by a Wisconsin district court in 2012. The Cupertino California company is reasserting the same argument seen in its opening brief to the CAFC appeal filed in July 2013. According to the document, the company claims Motorola:

    …demand[ed] that Apple take a license at a rate that was more than 12 times what Motorola was charging other licensees for the same technology—a rate that was unfair, unreasonable, and decidedly discriminatory.
    In the deal, Motorola asked Apple for 2.25% of each iPhone sale, a rate that would represent approximately $12 per iPhone, or “12 times what Apple was already paying to license Motorola’s SEPs.” It is thought that Apple was referencing indirect licensing fees paid to other component manufacturers. At the recent hearing, Motorola attorney Kathleen Sullivan maintained that “a reasonable rate can be different for different implementers,” claiming Apple didn’t respond to the company’s “opening offer.” Apple later tendered an offer to pay $1 per iPhone to “buy litigation peace and move on,” but Motorola refused.

    It’s unclear how the ongoing lawsuit will affect Motorola Mobility’s future handlers at Lenovo after the Chinese company purchased the handset maker from Google in January for $2.91 billion. The acquisition, which is said to give Google a 6% stake in Lenovo as part of the deal, is currently awaiting regulatory approval. Google will also be holding on to “vast majority” of patents, but it’s not known if the batch includes those being asserted by Motorola in the present case.

    With litigation issues going back to 2010, the two companies have faced off in court several times, including the somewhat controversial Apple vs. Motorola suit dismissed in 2012 by Judge Richard Posner. The CAFC heard arguments to reopen that case in September. Aside from the CAFC case, Apple and Motorola have a suit pending in Florida over separate claims as well. A trial is set to begin in August with the parties asserting a total of eight patents.

    We’ll have to wait and see what happens.

    Source: Bloomberg
    This article was originally published in forum thread: Apple Looks to Renew FRAND licensing suit against Motorola started by Akshay Masand View original post
    Comments 5 Comments
    1. buggsy2's Avatar
      buggsy2 -
      Gee Tim give it a rest.
    1. mlee19841's Avatar
      mlee19841 -
      Suing around the board. Lol
    1. Jokadaking's Avatar
      Jokadaking -
      Quote Originally Posted by buggsy2 View Post
      Gee Tim give it a rest.
      Steve never gave it a rest! Spent millions on lawsuits! This is just the Apple way lol
    1. jwil736's Avatar
      jwil736 -
      Quote Originally Posted by buggsy2 View Post
      Gee Tim give it a rest.
      Did you read the article? They are wanting to charge apple 12x the rate that they are charging the rest of handset makers for same technology!
    1. NSXrebel's Avatar
      NSXrebel -
      greddy fncks! 12x??