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Judge tosses Apple v. Motorola lawsuit

updated 03:38 pm EST, Mon November 5, 2012

Apple could still choose to appeal ruling

A US District Court in Wisconsin has thrown out a lawsuit filed by Apple against Google's Motorola division, Reuters reports. The case had actually been expected to go to trial today, and it's not yet known why it was rejected. Reuters says that it first heard word through a Google spokeswoman, who notes that the suit has been dismissed "with prejudice," meaning that Apple's only recourse at this point is an appeal.

At the heart of the dispute are some standards-essential wireless patents owned by Motorola, which Apple claimed weren't being licensed under fair terms. Last week the latter said it would be willing to accept a FRAND (fair, reasonable and non-discriminatory) licensing rate at or under $1 per iPhone. The Google spokeswoman, however, claims that "Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards."

"We remain interested in reaching an agreement with Apple," the person adds. The dismissal could potentially force Apple to pay for licenses on terms more favorable to Motorola, but at the same time, an appeal might allow Apple to keep the large profit margins it makes on iPhones.



By Electronista Staff
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  1. And.reg

    Mac Elite

    Joined: 02-22-04

    What a bunch of BS :bicker:

  1. aristotles

    Grizzled Veteran

    Joined: 07-16-04

    Well of course it was with prejudice. The judge did not even bother to hear the case. I wonder how much it cost Google to grease his palms.

  1. BLAZE_MkIV

    Professional Poster

    Joined: 02-23-00

    Whatever happened they were gonna appeal anyway. This just speeds things up. Better for John Q taxpayer.

  1. elroth

    Junior Member

    Joined: 07-05-06

    Originally Posted by BLAZE_MkIVView Post

    Whatever happened they were gonna appeal anyway. This just speeds things up. Better for John Q taxpayer.



    Actually not. If Apple wins the appeal, it will be sent back to the lower court to hear the case.

    Originally Posted by aristotlesView Post

    Well of course it was with prejudice. The judge did not even bother to hear the case. I wonder how much it cost Google to grease his palms.



    It's always easy to acuse people of taking payoffs. It's also condescending and lazy.

  1. wrenchy

    Forum Regular

    Joined: 11-03-09

    Perhaps the judges are sick and tired of Apple's BS? That's a possibility

  1. chas_m

    MacNN Staff

    Joined: 08-04-01

    It's a possibility, certainly. Looking at the case, I'm not sure Apple's claims were BS however.

    If you're going to suggest that its a possibility the judge just didn't want to hear it, then you how to allow for the possibility that he was bought off by Google. I think it unlikely but as YOU say, it's POSSIBLE ...

  1. reader50

    Administrator

    Joined: 06-01-00

    From what I've read, Apple was willing to pay a max of $1 per device for Motorola's (standards-essential) patents. On the other hand, Apple has tried to sue Motorola's phones off the market; was unwilling to license their own (non-standards-essential) patents at any price. Apple's patents are also mainly in the software-patents category, which has proven a problem for just about everyone except the patent trolls.

    Throwing the case out sounds like a just result to me. If the parties won't play fair with each other, what is the referee to do.

  1. The Vicar

    Junior Member

    Joined: 07-01-09

    Originally Posted by reader50View Post

    From what I've read, Apple was willing to pay a max of $1 per device for Motorola's (standards-essential) patents. On the other hand, Apple has tried to sue Motorola's phones off the market; was unwilling to license their own (non-standards-essential) patents at any price. Apple's patents are also mainly in the software-patents category, which has proven a problem for just about everyone except the patent trolls.
    Throwing the case out sounds like a just result to me. If the parties won't play fair with each other, what is the referee to do.



    Well, let's see... we know from evidence in the Samsung lawsuit that Apple DID offer to license their patents (and that Microsoft HAS licensed them). So you're just lying there.

    And we also know that Motorola has been caught trying to charge different rates for their own FRAND patents in the past, while nobody claims that Apple's patents are FRAND, so that comparison is just irrelevant.

    You'd do a lot better to keep quiet for a while, rather than just shooting your mouth off.

  1. reader50

    Administrator

    Joined: 06-01-00

    Nice one. Accuse other poster of lying, imply a comparison I didn't make, and tell another user to leave the boards. Apparently for disagreeing with you. If you throw in a personal attack next, you can manage a full house.

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