Apple to appeal dismissal of FRAND litigation against Motorola

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

1. PapaSmurf

Posts: 10457; Member since: May 14, 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.

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"

12. Cynipap999

Posts: 138; Member since: Nov 15, 2012

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

2. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

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

3. PapaSmurf

Posts: 10457; Member since: May 14, 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.

4. Xperia42

Posts: 60; Member since: May 30, 2012

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

5. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

I wish Apple would just stop already.

6. hypermagz

Posts: 18; Member since: Dec 31, 2012

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

34. stealthd unregistered

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

35. PapaSmurf

Posts: 10457; Member since: May 14, 2012

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

8. Joker

Posts: 24; Member since: Dec 07, 2011

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

9. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

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

14. Cynipap999

Posts: 138; Member since: Nov 15, 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.

10. ray77

Posts: 126; Member since: Nov 17, 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

13. darkkjedii

Posts: 30674; Member since: Feb 05, 2011

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

15. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

16. VZWuser76

Posts: 4974; Member since: Mar 04, 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.

20. darkkjedii

Posts: 30674; Member since: Feb 05, 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.

18. Droiddoes unregistered

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

19. darkkjedii

Posts: 30674; Member since: Feb 05, 2011

How about u make me leave.

22. opensourceftw

Posts: 148; Member since: Jan 01, 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.

26. darkkjedii

Posts: 30674; Member since: Feb 05, 2011

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

27. PapaSmurf

Posts: 10457; Member since: May 14, 2012

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

28. darkkjedii

Posts: 30674; Member since: Feb 05, 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.

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.

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

32. darkkjedii

Posts: 30674; Member since: Feb 05, 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.

36. PapaSmurf

Posts: 10457; Member since: May 14, 2012

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

21. johnnh

Posts: 37; Member since: Dec 18, 2012

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

17. Droiddoes unregistered

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

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