Apple countersuit vs. Motorola scheduled
updated 08:35 pm EDT, Mon April 23, 2012
Deliberations begin July 5
Judge Janis Sammartino has scheduled July 5th as the date for deliberations on the latest chapter in the legal maneuvering between Apple and Motorola. Apple filed the countersuit in question in February with the intention of gaining declaratory and injunctive financial awards as a result of Motorola's short-lived injunction against the iPhone 4S in Germany. The July 5 hearing is likely to not be open to the public.
Motorola's injunction claims that products using Qualcomm's MDM6610 baseband chipset violate patents on how devices like the iPhone 4S connect to GPRS and UMTS networks. Apple contends that it is a third-party beneficiary because the technology is licensed by Qualcomm from Motorola not only for Qualcomm's uses, but customers such as Apple as well. During the iPhone 4S development process, Motorola invoked a clause in their contract with Qualcomm attempting to block use of the chipset in Apple's phone line and force Apple to pay Motorola, rather than Qualcomm, directly.
Previous similar lawsuits involving Samsung and Apple in Europe have sided in Apple's favor, stating that companies may not selectively block usage of licensed products in other customer's products, such as the MDM6610 found in the iPhone 4s. In an attempt to block Apple's counter maneuver, Motorola filed a motion to dismiss the suit in March citing improperly cited international jurisdictional concerns.
Apple excluded German courts from every claim in its amendment, causing Motorola to withdraw it's motion. The April amendment by Apple remains sealed, and the July hearing will likely not be public in order to prevent disclosure of business agreements with Qualcomm.
Motorola and Apple have been sparring in court since 2010 regarding iPhone and Motorola's Android implementation. Motorola was found to be in violation of Apple's slide to unlock patent in February. In March, a German court blocked an Apple attempt to execute an injunction against the Motorola Gleam. Later that month, Apple's touchscreen heuristics patent was defended versus Motorola's counter-claims.
