Judge concerned that Apple wants to use Motorola offer for FRAND patent fee as a negotiating tool

Judge concerned that Apple wants to use Motorola offer for FRAND patent fee as a negotiating tool
With the Apple-Motorola Mobility FRAND patent trial set to begin Monday at 1pm, Judge Barbara Crabb responded negatively to Apple's stated willingness to enter into a licensing agreement with Motorola Mobility for the right to use the latter's standards-essential patents, only if it didn't have to pay more than $1 per Apple iPhone. The judge noted her thoughts in an "Opinion and Order" entered with the court on Friday. Judge Crabb does not want to order Motorola to make an offer to Apple if the Cupertino based firm is going to use that offer as a negotiating tool, and she now "believe[s] it would be inappropriate to grant Apple's clarified request for specific performance". She added that if ordering Motorola to make an offer to Apple would end all of the patent litigation or extended negotiations, she would have granted Apple's request for specific performance, but "it is now clear that specific performance would not resolve those concerns".

Apple didn't help its cause by using a 'blackmail' type approach to the $1 rate it tried to force on Motorola and the court. The Cupertino based firm should have known that those wearing a judge's robe don't like being forced into doing anything. We recommend that Apple's attorneys watch a few episodes of Judge Judy to learn that. A similar statement was made in the Microsoft-Motorola Mobility FRAND case which is going to trial on November 13th. In that case, Judge James Robart told both sides to stop using the court "as a pawn in a global, industry-wide business negotiation". The difference between the two cases is that Microsoft subsequently agreed to accept whatever rate the court decides, a decision that scares the heck out of Apple. Motorola Mobility pointed out Microsoft's behavior to Judge Crabb and asked why Apple couldn't be so agreeable.

Judge Crabb is now considering whether or not to allow a trial on Apple's other claims. If Apple wins on these other claims, it might be able to prevent Motorola Mobility from enforcing its standards-essential claims against it. Both sides have until noon on Sunday to respond to the order (don't forget the end of daylight savings time on Sunday morning, guys!) and both sides need to be ready for the possibility that the trial will start at 1pm Monday. On the other hand, Apple has apparently ticked off Judge Crabb enough that she might call off the trial. For once, Apple's arrogance in a courtroom, which Judge Koh and the jury in the Samsung case seemed to turn a blind eye to, might have worked against it.

source: FOSSPatents



1. gabe92

Posts: 27; Member since: Oct 25, 2012

apple is stupid.

5. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Rule #1 in litigating - DON'T piss off the judge.

31. easymomo

Posts: 91; Member since: Jul 04, 2012

--> if the judge is not Lucy Koh

34. SuperMaoriBro

Posts: 533; Member since: Jun 23, 2012

I wish apple paid attention to the sentement of many tech fans. If they did they might realise their actions are causing peoples attitudes about them to change . Once a company that was cool, hip, and innovative has now become a power hungry, money hungry, whining bully. They dont seem to realize or care, the shift away from apple has alread started, more and more people are getting sick of them each day. This is only hurting them, as attitudes change, people will stop buying their products , hurting their profits. Maybe then they will care.

6. anywherehome

Posts: 971; Member since: Dec 13, 2011

Yes, every-one who knows the facts about Apple would never buy its products: We all in the word pay higher prices of eBooks just because of greedy Apple! Search the facts on the internet

8. Mxyzptlk unregistered

How's apple stupid because of Motorola wanting to abuse FRAND patents?

9. protozeloz

Posts: 5396; Member since: Sep 16, 2010

You use this as an excuse, pathetic

33. Aeires unregistered

Why do people feed this troll?

10. toiletcleaner

Posts: 224; Member since: Oct 10, 2012

not just stupid but iStupid, Apple wants to rule the cellphone industry and taking to court all the companies the can. so that way, small companies said yes and yes to all what they want, now Apple needs to paid iFone ( mexican company ) up to 40% for each phone they sell in Mexico. thanks to his litigation move

11. tedkord

Posts: 17415; Member since: Jun 17, 2009

As you can see from the article and the Judges statement, its Apple abusing the process. Of course, you will just ignore Apple's typical poor behavior.

15. networkdood

Posts: 6330; Member since: Mar 31, 2010

that is it - I reported Mxy as trolling - sick of reading his/her stupid asinine comments.

23. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Is Mxy the latest incarnation of Taco? Or, is Mxy a troll in their own right?

17. VZWuser76

Posts: 4974; Member since: Mar 04, 2010

There is a difference between abusing, and actually getting paid SOMETHING for them. Basically what apple has done is the very same thing that they accuse everyone else of doing, using patents that others own the rights to and not paying for them. They already had this kind of situation go to court once with Nokia coming out the winner. That little stunt with the $1 is them trying to put themselves in the dominant position. The difference in this case is that apple is the one with their hands in the cookie jar and all the parties involved in the case (apple, motorola, & google) are american companies. So apple can't rely on good ole' american patriotism to win it for them this time.

20. androiddownsouth

Posts: 598; Member since: May 02, 2012

Mxy, if you think $1 per phone is anywhere CLOSE to fair, given the dumba** judgement levelled against Samsung, then you have no idea wtf being "objective and fair" means. There is NOTHING you offer that sparks any kind of discussion, all you do is think that Apple should rule the world and that everyone else should bow down. Wanting Apple to pay more than $1 per phone for multiple patents, FRAND or not, IS fair, whether you like it or not. Apple opened this Pandora's Box of patent litigations, so no one should be surprised when it bites them in the a**.

28. jroc74

Posts: 6023; Member since: Dec 30, 2010

$13-$15 per phone is abuse for an essential function of the phone....but $30 per phone for icons and round corners is right? MS getting $10-$15 from Android manufactures is fine tho right? And thats not even FRAND patents. Btw.....you probably still think the F in FRAND = Free....so you probably want Apple to pay nothing...

36. Reluctant_Human

Posts: 913; Member since: Jun 28, 2012


40. someones4

Posts: 628; Member since: Sep 16, 2012

i think i see what you did there..

42. Jobes

Posts: 364; Member since: Oct 27, 2011

:( he has to say it himself otherwise it doesnt work.

39. Zero0

Posts: 592; Member since: Jul 05, 2012

I haven't any idea! I mean, it's not like Apple abuses its overly broad, not-at-all obvious patents or anything like that. Apple is an upstanding citizen in the tech community, always forgiving and never patenting ideas that aren't their own.

41. letgomyeggroll

Posts: 139; Member since: Jun 13, 2012

MXYZPTIK....you are like a child..VERY SELECTIVE hearing. only want to hear what you want to hear. But in your case, you only want to read what you want to read as it is in you favor. Stop fighting for something or someone that have been making a mistake. This WHY Apple file these stupid lawsuits and starting to get lose on them.....like a proud a parent supporting a child of murdering.

22. darkkjedii

Posts: 31315; Member since: Feb 05, 2011

I don't think a company as successful as apple can intelligently b called stupid. Greedy like most yes, but stupid no.

32. protozeloz

Posts: 5396; Member since: Sep 16, 2010

Don't know.... suing a 2003 Mexican company called ifone was not such a good idea

35. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Arrogantly Stupid is the right phrase. Yes it's definitely not just plain stupid :)

2. darthinvader

Posts: 63; Member since: Sep 18, 2012

Apple = 8th Deadly Sin!! :P

3. someones4

Posts: 628; Member since: Sep 16, 2012

Apple pushed too hard in this case. Threatening to only pay a certain fee? Ohh....we are all quivering in our boots. The judge should just throw the case out. Or order Apple to agree with Motorola's terms. Apple needs a few more of these lessons.

4. tiara6918

Posts: 2263; Member since: Apr 26, 2012

and apple's evil scheme continues...

7. jroc74

Posts: 6023; Member since: Dec 30, 2010

I'm still amazed that Apple figured $30 a handset was ok for Samsung to pay for icons and round corners...

14. networkdood

Posts: 6330; Member since: Mar 31, 2010

But, of course, apple cronies, G-King and Mxy think that is ok...

24. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

More like the Apple Apology Tour founders....

30. androiddownsouth

Posts: 598; Member since: May 02, 2012

I don't recall those two cats apologizing for a d*mn thing fellas lol.

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