Apple says it would pay $1 per Apple iPhone to Motorola to license FRAND patents

Apple says it would pay $1 per Apple iPhone to Motorola to license FRAND patents
Apple's attorneys told the U.S. District Court for the Western District of Wisconsin that it would be willing to pay $1 per Apple iPhone to Motorola Mobility for the rights to certain standards-essential patents. But Apple's legal team warned that if the court sets a FRAND rate of over $1 for the patents, it will appeal the decision and fight using all options open to it. Apple's offer came after Motorola filed a motion for clarification and comes just five days before a trial is supposed to begin.

Apple said it would pay $1 per Apple iPhone to Motorola Mobility

Apple said it would pay $1 per Apple iPhone to Motorola Mobility

With Microsoft about to go to trial on November 13th over FRAND patents, that company said it would agree to pay court-ordered terms to license standards-essential patents. Apple might have wanted to go on record as showing a willingness to settle the case with Motorola before possibly getting locked into a precedent based on what the court rules in the Microsoft case. Apple might also feel that it is dealing from strength in this case since Motorola Mobility's own expert witness can't testify to an appropriate licensing fee. Additionally, most pre-trial rulings have been resolved in Apple's favor.

Apple added that at next week's trial that it will use expert testimony and "copious real-world evidence" which includes "Motorola's other licenses which Apple says will point to a ceiling for how much Motorola can charge Apple for its FRAND patents. Apple also responded to a Motorola Mobility request for the Wisconsin court to allow a German court hearing a similar case to set a separate FRAND rate for Germany. Apple responded that since the Wisconsin case pre-dates the one in Germany, any rate that the Wisconsin court decides on should cover world-wide licensing terms.

source: Electronista

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78 Comments

1. jaoowolabi

Posts: 201; Member since: Jun 07, 2012

That's a lot of money.....

10. Mxyzptlk unregistered

You can't pay money for fair use.

15. tedkord

Posts: 17135; Member since: Jun 17, 2009

I know. Now if Moto's patents were for something valuable like rectangles with rounded corners, or grids of icons, then they'd be worth $30 per phone. The nerve, expecting money for something trivial like actual tech that the phone won't function without. Pfffft.

33. someones4

Posts: 627; Member since: Sep 16, 2012

Mxyzptlk runs Apple's PR team.

76. Mxyzptlk unregistered

You blew my cover. Shame on you.

45. AstronautJones

Posts: 305; Member since: Aug 01, 2012

Well played tedkord...

77. Mxyzptlk unregistered

It's like I said before, the actual tech falls under fair and reasonable. You can't put a big fat price on something like that.

78. someones4

Posts: 627; Member since: Sep 16, 2012

No, the problem is that no one knows what rate is fair. Motorola may think 2% is fair for their work and innovation. Apple's unwillingness to negotiate is clearly at fault here. They shouldn't steal first and complain later. Think of it this way. I wanted to buy a Bugatti. But I don't think 2 million is fair. Then i didn't even attempt to negotiate and stole the car. When i got caught i sued the manufacturer for making the car so expensive and i offered them a dollar for it. Replace the car with Motorola's patents in the example above.

79. dmckay12

Posts: 243; Member since: Feb 25, 2012

Evidently I am not the only one who is high.

19. dmckay12

Posts: 243; Member since: Feb 25, 2012

It depends on how it is used and what it is used for, like whether or not it is being used for profit, what the patent covers, like if the patents are essential for the function of something. In fair use claims where a non-patent holder is using it for profit then they generally have to license the patent. The other factors determine how much the fee should be. Apple is using the patents for profit, and unless the patents are declared invalid, they will have to pay. BTW 1$ per phone is a small amount.

22. sorcio46

Posts: 435; Member since: Jul 27, 2011

Fair Use != "Anyone can use this patent without paying" Fair Use = "You have to pay a fair price (about 2/3% of the total price of the product to use it)" 3% of 720€ (iPhone 5 16GB in Italy) is 21€ (27$) not 1$! 2% of 720€ (iPhone 5 16GB in Italy) is 14€ (18$) not 1$! Apple go back to hell !

49. Nadr1212

Posts: 741; Member since: Sep 22, 2012

Nice avatar pic dude, gotta get me a similar one BTW: Apple tots deserves what URL pic stands 4

24. jroc74

Posts: 6023; Member since: Dec 30, 2010

For the last time......the F in FRAND does not mean free.

69. networkdood

Posts: 6330; Member since: Mar 31, 2010

Apple wants to pay almost nothing for other's ideas and then make other companies pay more than it is worth for their own patents... Mxy you such a blind APPLE patsie.

32. som

Posts: 768; Member since: Nov 10, 2009

Apple must pay $15 per iPhone to Motorola same as per Android phone pay to Microsoft.

50. someones4

Posts: 627; Member since: Sep 16, 2012

they should pay more for the trouble they gave to everyone

57. anywherehome

Posts: 971; Member since: Dec 13, 2011

it must be fair like Microsoft requires...so at least 10 dollars!!!

2. hung2900

Posts: 966; Member since: Mar 02, 2012

And they wanted $30 per sammy's phone even bada and under $100android phones! Apple s*****!

29. stealthd unregistered

Yes, $30 for patents they were under no obligation to license at all, ever. It would be like Pepsi licensing the Coke bottle design. They don't want to license it at all, but if they're going to it's going to be for a ridiculous amount. The same is not true for FRAND patents where Motorola is obligated to charge the same reasonable rate to everyone.

31. MartyK

Posts: 1043; Member since: Apr 11, 2012

You're right!; however, you can't use people crap without paying for it and then turn around and tell a person what they can charge you!..you're as sick as Apple if you think they are in the right!. And the nerves to threatening a court with appeal?, If I was CEO of Google, I will tell them to go to Hejj and I will see you in court. Apple is a Narcissism company.

40. stealthd unregistered

Threateninig a court with appeal? Not sure what you're getting at there, every company appeals court decisions they don't like, there's nothing unreasonable about that. Btw, I'm not sure you're aware, but Apple is a company, not a person, narcissism doesn't apply or make any sense here.

47. AstronautJones

Posts: 305; Member since: Aug 01, 2012

Yes, no obligation to allow someone to use a rectangle. Since they invented the shape. Oh, and a bezel. Because no device ever had a bezel before either.

3. InspectorGadget80 unregistered

only a dollar APPLE YOUR SO DAMN CHEAP. CHEAPSKATE

4. wassup

Posts: 565; Member since: Jun 23, 2011

and they ask Samsung for $30 for bloody design patents? you've got balls apple, I'll give you that.

5. someones4

Posts: 627; Member since: Sep 16, 2012

Apple is bossing the courts around and threatening everyone. Scrooges....

6. nyamo

Posts: 274; Member since: Mar 19, 2011

i wish ms would go after apple for some reason. and apple could've made it look like they were trying and go with $2

35. jpmcnown

Posts: 35; Member since: Jul 03, 2012

Wait for Apple to finally incorporate a Touch interface into MacOS(like 10 years from now), then they'll sue MS for the Windows 8 Metro UI.

7. hawke9150

Posts: 32; Member since: Jun 17, 2011

AWWWW, poor widdew appow getting b*tch slapped with a fist full of irony!

8. Mxyzptlk unregistered

I don't think it's fair for them to pay any money on a fair and reasonable patent.

11. Zero0

Posts: 592; Member since: Jul 05, 2012

Exactly. That's why Apple's suit against Samsung should be thrown out of the courts.

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