Motorola licenses standard-essential FRAND patents to Apple in Germany
Following this agreement, Motorola Mobility will have to turn to its non standard-essential patents to use in German court against Apple. Right now, it has one such patent, covering push email notification, in litigation against the Cupertino based firm in the Country. What is interesting is a filing made by Apple earlier this month which stated that Motorola had no choice but to enter into this agreement with Apple. Apple's second amended antisuit complaint against Motorola Mobility dated August 3, 2012 stated that Motorola Mobility had an obligation to accept Apple's terms to license these FRAND patents to them or else be in violation of German antitrust law according to the Higher Regional Court of Karlsruhest. But Apple's filing nearly a month ago, made no mention of Motorola Mobility's acceptance of the terms. Motorola answered the above filing on Monday by confirming the deal with Apple and adding that, as we knew, terms of the license will need to be worked out, most likely through litigation.
With Motorola Mobility being investigated by the FTC and the European Commission for allegedly abusing standard-essential patents agaist Apple and Microsoft, and with the prospect of facing a violation of German antitrust law, the company took the only feasible option it had left. Now, its only hope in Germany for its standard-essential IP portfolio is to work out a decent royalty package with Apple.