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Apple to appeal dismissal of FRAND litigation against Motorola

Posted: , by Alan F.

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Apple to appeal dismissal of FRAND litigation against Motorola
In an attempt to restart its standards-essential lawsuit against Motorola, Apple has filed an appeal with the United States District Court for the Western District of Wisconsin. A bench trial was scheduled to begin November 5th but was dismissed by Judge Barbara Crabb after Apple told the court that it would agree to license Motorola's FRAND patents only if the court determines it should pay no more than $1 per unit. Apple said it would also agree to a license of Motorola's standards-essential patents if the court determines that the amount Apple should pay for these patents is the same price that Google needs to pay Apple for its FRAND patents based on negotiated terms.

The FTC on Thursday said that Google had threatened rivals with sales bans if they did not agree to Google's terms on standards-essential patents which are supposed to be licensed in a fair non-discriminatory way. Instead, Google played hardball with these patents, which are essential for the competition to build their smartphones and tablets. Most of the patents used in this manner by Google were ones it acquired with its acquisition of Motorola Mobility.

Those who like to dress up and play lawyer can read Apple's notice of appeal below.

source: Electronista

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35 Comments
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posted on 04 Jan 2013, 23:45 16

1. PapaSmurf (Posts: 6623; Member since: 14 May 2012)


Apple logic: I'm not paying anything over $1 for the patents.

Case gets dismissed.

Apple: It doesn't benefit us? Ok, let's spend all this money appealing the case instead of accepting the negotiation.

posted on 05 Jan 2013, 01:07 12

7. MeoCao (unregistered)


lol the level of arrogance and stupidity of Apple is unmatched.

They essentially told the judges: "make the verdict MY way. or else"

posted on 05 Jan 2013, 06:11 1

12. Cynipap999 (banned) (Posts: 138; Member since: 15 Nov 2012)


Apple will 'have it their way' because they know where to find Burger King!

posted on 04 Jan 2013, 23:46 14

2. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


Apple been so busy suing everyone appealing on every cases i wonder anyone in Apple has time for any real work.

posted on 04 Jan 2013, 23:53 12

3. PapaSmurf (Posts: 6623; Member since: 14 May 2012)


Nope. Have you seen the minimal changes in their products compared to the changes by other manufacturers with their products?

The only credit I'll give them is the Retina Macbook Pros.

posted on 04 Jan 2013, 23:56 15

4. Xperia42 (Posts: 60; Member since: 30 May 2012)


Apple Sucks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!​!!!!!!!!!!!!!!!!!!!!

posted on 05 Jan 2013, 00:49 8

5. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


I wish Apple would just stop already.

posted on 05 Jan 2013, 01:01 13

6. hypermagz (Posts: 18; Member since: 31 Dec 2012)


Apple wont pay any more than a $1 per unit but would gladly accept 1B out of nothing.

posted on 06 Jan 2013, 17:53

34. stealthd (Posts: 868; Member since: 12 Jun 2011)


Proving your competitor copied your product is not "nothing".

posted on 06 Jan 2013, 19:17

35. PapaSmurf (Posts: 6623; Member since: 14 May 2012)


The iPhone was a stolen product to begin with so your statement is invalid.

Good day to you.

posted on 05 Jan 2013, 01:44 7

8. Joker (Posts: 24; Member since: 07 Dec 2011)


Apple, don't piss off Google or you could end up like Microsoft

posted on 05 Jan 2013, 02:29 9

9. Droid_X_Doug (Posts: 5282; Member since: 22 Dec 2010)


They already are like MS. They just haven't acknowledged it yet.

posted on 05 Jan 2013, 06:15 1

14. Cynipap999 (banned) (Posts: 138; Member since: 15 Nov 2012)


Lol.... another +1

Hey, wouldn't it be fab if Microsoft put Windows Mobile on Apple iPhones - we could then watch the two fail together as they get clobbered by GoogleDroid.

posted on 05 Jan 2013, 02:41 2

10. ray77 (Posts: 121; Member since: 17 Nov 2012)


apple please it paid up, in other word it look like ur a sore losser an that is not nice on ur resume Apple, bad apple

posted on 05 Jan 2013, 06:14 1

13. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


If Motos guilty they should pay, if apples guilty they should pay

posted on 05 Jan 2013, 08:49 3

15. Droid_X_Doug (Posts: 5282; Member since: 22 Dec 2010)


Only problem is that Apple has been all arrogant (in front of the trial court judge, no less). The $1/device offer was a middle-fingered wave to the court. Even the trial judge knew that damages were going to be more than $1/device. Yet, Apple wanted full damages against Moto (possibly including a sales ban). Sauce for the goose is sauce for the gander, which is why the judge dismissed the case. I suspect Apple won't fare much better on appeal. Judges take a dim view of litigants giving them the middle-fingered wave.

posted on 05 Jan 2013, 09:52 2

16. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


Like I've said in the past. If it's a standard essential patent, there should be a standard amount to pay for it. At worst a 3 or 4 tiered system with more essential patents getting the paid a higher amount than appearance patents. They could even adjust it each year for inflation. Not real difficult.

It doesn't make sense to not have a set amount for these things laid out, it just begs for endless litigation, aka what we have now.

posted on 05 Jan 2013, 16:27

20. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


I totally agree with your take, and VZWuser76's also. The standard assessment does make a lot of sense, and if its high enough could bring a holt to this patent war crap.

posted on 05 Jan 2013, 16:12 6

18. Droiddoes (unregistered)


LOL, nobody takes you seriously. You should probably just leave.

posted on 05 Jan 2013, 16:25

19. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


How about u make me leave.

posted on 05 Jan 2013, 18:16 4

22. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


LMAO. It was a suggestion, I mean if you really want to continue making a fool of yourself and being a laughingstock be my guest.

posted on 05 Jan 2013, 23:24

26. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


No problem cuz I speak my mind, and don't give a f**k what anybody has to say. I'm no fanboy

posted on 06 Jan 2013, 04:10

27. PapaSmurf (Posts: 6623; Member since: 14 May 2012)


You claim you use both OS's but you're definitely a Apple fanboy.

posted on 06 Jan 2013, 07:17

28. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


I can care less what u say, or think papa smurf, but one thing I am is a grown man who doesn't hate on people or their choice to use what they want. I can sit here and go on and on with u, but I won't...it's not worth the headache.

posted on 06 Jan 2013, 10:42 1

30. Droiddoes (unregistered)


You CAN care less? Cool, you should try that sometime. And maybe take a remedial english class with all the free time you'll have from caring less.

posted on 06 Jan 2013, 10:41

29. Droiddoes (unregistered)


Uh oh guys, don't want to alarm anyone, but I think we just might be dealing with a badass here!

And yea you are a total fanboy LOL

posted on 06 Jan 2013, 12:03

32. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


As I said I can care less, or as u want me to say I couldn't care less. I'm a techie and will use what I want, I work hard for my money, and enjoy using my choices. I love iOS just like I love android, iOS is a great platform and the ip5 is one of the best devices I've ever owned beautiful, elegant, powerful, fast, smooth, responsive, great battery life, and does it all. Is that fanboy enough for ya. Some of u droiders r jokes, praising choice but only accepting a persons choice if that choice is android. I respect phenomfaz, droid x droid and a few others. The rest of u suck, pure hypocrites, and childish close minded jokes.

posted on 06 Jan 2013, 19:29

36. PapaSmurf (Posts: 6623; Member since: 14 May 2012)


I'm not bashing you for using iOS; I just stated the obvious that you're an Apple fanboy. There's a difference.

posted on 05 Jan 2013, 18:14

21. johnnh (Posts: 37; Member since: 18 Dec 2012)


moto is guilty to father cell phones and not sue everyone that makes one!

posted on 05 Jan 2013, 13:30 5

17. Droiddoes (unregistered)


Cupertino? More like SUEpertino am I right? HAHAH HAhahah haha aha....ahah...

posted on 05 Jan 2013, 18:23

23. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


Dream on...

posted on 05 Jan 2013, 18:43 1

24. roscuthiii (Posts: 1717; Member since: 18 Jul 2010)


Apple: Inconceivable, these terms are not "fair & reasonable"!

Apple, I do not think those words mean what you think it means.

posted on 05 Jan 2013, 19:58 3

25. InspectorGadget80 (Posts: 5639; Member since: 26 Mar 2011)


APPLE DON'T BE SO CHEAP. You are taking 15-25$ from HTC now you dont want to give no more than a $1? Now to show the Ifans how GREEDY APPLE is. Motorola was the first company to create/invent the cell phone. They should give them 30$ per hand set sold. If Apple hadn't started suing AGAINST Android non of these B.S. PATENT laws wouldn't have been going on for a few years.

posted on 06 Jan 2013, 10:44 1

31. Droiddoes (unregistered)


Yeah, truly truly pathetic company. It's all good, their arrogance and greed will be their undoing, just like last time. Only this time around no one is going to bail them out.

posted on 06 Jan 2013, 13:27

33. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


We know that's what u want, but its not gonna happen. Stop hating on apple, and just enjoy your device dude. U r one insignificant consumer, u have no voice and can make no difference. Your only medium is as a loud mouth apple hater on PA. PATHETIC.

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