Motorola Breaks Through Apple's FRAND Defense in Germany

btarunr · Dec 12, 2011, 07:11 AM

In a development that threatens to prevent Apple's European sales arm from selling 3G-enabled iPad and iPhone products, Motorola Mobility won an injunction against it in Germany. On the table was a key Motorola patent related to cellular data transmission, which is part of wireless data transmission standards that are obstructed by an agreement to license it on "fair, reasonable, and non-discriminatory" (FRAND) terms.

Motorola claimed that Apple was infringing this patent, to which, Apple responded by putting up a FRAND defense (counter-accusing the patent-holder of not being fair/reasonable/non-discriminatory with licensing a patent that makes up an industry standard. The court ruling in Germany stated that raising a FRAND defense against standards-essential patent infringement claims could be a difficult proposition, and may force Apple to accept Motorola's licensing terms—FRAND or not—for "past infringement." Apple won similar FRAND defenses against Samsung, in the past, in other European countries such as The Netherlands and France.

Source: ars technica

Damn_Smooth · Dec 12, 2011, 08:09 AM

I'm starting to feel a little bad for Apple. Their constant patent trolling has turned around and bit them in the ass hard.

xenocide · Dec 12, 2011, 09:00 AM

Quote:

Originally Posted by Damn_Smooth

I'm starting to feel a little bad for Apple. Their constant patent trolling has turned around and bit them in the ass hard.

That's like feeling bad for RAMBUS, you just don't do it. They are going to\are getting what they deserve.

de.das.dude · Dec 12, 2011, 09:02 AM

Quote:

Originally Posted by Damn_Smooth

I'm starting to feel a little bad for Apple. Their constant patent trolling has turned around and bit them in the ass hard.

i would have said bit them in the balls. but they dont have any. LOL

DannibusX · Dec 12, 2011, 09:12 AM

Could Apple product get any more expensive?

Yeeeeeeeeeeeeeeees

NC37 · Dec 12, 2011, 09:23 AM

Quote:

Originally Posted by DannibusX

Could Apple product get any more expensive?

Yeeeeeeeeeeeeeeees

Could people protest the expense and stop buying?

NOOOOOOOOOOOOOOO!

DannibusX · Dec 12, 2011, 09:25 AM

Is that a Darth Vader style no?

cdawall · Dec 12, 2011, 10:12 AM

Aww poor apple sounds like they got what's coming to them.

Sasqui · Dec 12, 2011, 12:25 PM

Quote:

Originally Posted by cdawall

Aww poor apple sounds like they got what's coming to them.

No kidding... "They started it!"

Apple is now going after HTC for copycat reasons, it was in the news this morning and no patents were even mentioned.

FordGT90Concept · Dec 12, 2011, 12:38 PM

I think Apple needs to adapt the Goolge montra: "Don't be evil."

As far as corporations are concerned, launching frivilous lawsuit after lawsuit at competitors is about the maximum of evilness possible.

treehouse · Dec 12, 2011, 02:06 PM

seeing as how google now owns motorola, this is major win for google/android

Dec 12, 2011, 07:11 AM	#1
btarunr Editor & Senior Moderator Join Date: Oct 2007 Location: Hyderabad, India Posts: 14,983 (7.30/day) Thanks: 788 Thanked 12,899 Times in 5,650 Posts System Specs	Motorola Breaks Through Apple's FRAND Defense in Germany In a development that threatens to prevent Apple's European sales arm from selling 3G-enabled iPad and iPhone products, Motorola Mobility won an injunction against it in Germany. On the table was a key Motorola patent related to cellular data transmission, which is part of wireless data transmission standards that are obstructed by an agreement to license it on "fair, reasonable, and non-discriminatory" (FRAND) terms. Motorola claimed that Apple was infringing this patent, to which, Apple responded by putting up a FRAND defense (counter-accusing the patent-holder of not being fair/reasonable/non-discriminatory with licensing a patent that makes up an industry standard. The court ruling in Germany stated that raising a FRAND defense against standards-essential patent infringement claims could be a difficult proposition, and may force Apple to accept Motorola's licensing terms—FRAND or not—for "past infringement." Apple won similar FRAND defenses against Samsung, in the past, in other European countries such as The Netherlands and France. Source: ars technica

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Dec 12, 2011, 08:09 AM	#2
Damn_Smooth Join Date: May 2011 Location: A frozen turdberg. Posts: 1,361 (1.85/day) Thanks: 1,434 Thanked 502 Times in 329 Posts System Specs	I'm starting to feel a little bad for Apple. Their constant patent trolling has turned around and bit them in the ass hard.

Dec 12, 2011, 09:12 AM	#5
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Dec 12, 2011, 09:25 AM	#7
DannibusX Join Date: Aug 2009 Location: United States Posts: 2,039 (1.48/day) Thanks: 784 Thanked 945 Times in 626 Posts System Specs	Is that a Darth Vader style no? __________________ “Has the whole world gone crazy? Am I the only one around here who gives a s**t about the rules? Mark it zero!” -Walter Sobchak “Yup, you were 9-2 when you slid it in me.” -MT Alex

Dec 12, 2011, 10:12 AM	#8
cdawall where the hell are my stars Join Date: Jul 2006 Location: some AF base Posts: 16,021 (6.42/day) Thanks: 457 Thanked 2,753 Times in 2,222 Posts System Specs	Aww poor apple sounds like they got what's coming to them. __________________

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Dec 12, 2011, 12:38 PM	#10
FordGT90Concept "I go fast!1!11!1!" Join Date: Oct 2008 Location: IA, USA Posts: 10,575 (6.29/day) Thanks: 1,755 Thanked 2,596 Times in 1,960 Posts System Specs	I think Apple needs to adapt the Goolge montra: "Don't be evil." As far as corporations are concerned, launching frivilous lawsuit after lawsuit at competitors is about the maximum of evilness possible. __________________ Golden Rule of Programming: Never assume. try { SteamDownload(); } catch (Steamception ex) { RageQuit(); }

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Dec 12, 2011, 02:06 PM	#11
treehouse Join Date: Apr 2011 Posts: 199 (0.26/day) Thanks: 3 Thanked 15 Times in 14 Posts System Specs	seeing as how google now owns motorola, this is major win for google/android __________________ AntiMalware Toolkit

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