Federal judge throws out Apple’s case against Motorola over FRAND patents

Good news for the Google-owned Motorola coming this afternoon from Madison, Wisconsin. Right before trial was set to begin today, Federal Judge Barbara Crabb has thrown out Apple’s case against Motorola. The case dealt with Moto’s patents (covering UMTS, GPRS, GSM, and 802.11 wireless standards) and the “unfair” royalty rates they were asking from Apple to use them (appox 2.25% of device sales).

The judge gave both parties until today to explain whether a court determined FRAND rate would even solve the patent dispute at hand and when Apple said it would only help resolve this case by figuring out if Motorola’s royalty rates were fair, this didn’t sit well with the judge who said ended up dismissing the case “with prejudice.” In repsonse to the ruling, Judge Crabb later said:

“Apple’s response was not satisfactory and did not assuage my concerns about determining a FRAND rate that may be used solely as a negotiating tool between the parties.”

Of course, Motorola seemed more than pleased with judge’s decision, saying:

“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.”

Apple originally told the court they didn’t want to pay a penny more than $1 per iPhone to license Moto’s FRAND patents and have yet to issue a statement on the ruling. Guess there’s always the possibility of an appeal or far (FAR) less likely settlement. This isn’t even close to over, folks.

[via Reuters | FOSSPatents]

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  • jmlivingston

    Dismissed “with prejudice” is great news, that means Apple can’t re-file the suit.

    • http://twitter.com/gamercore Chris Chavez

      They’ll appeal. They always appeal….

      • AmericanPatriot4

        I’ll give them a peal….. (waits for it)….. hold you APPlausE please!

        • Aslan Bollin

          doesnt quite work… ;)

          • AmericanPatriot4

            Oh well… I tried. :| It was meant to be corny anyway hehe

      • TalkingMoose

        They can file an appeal. Whether or not the appellate court chooses to accept the case, especially considering it was dismissed with prejudice, is by no means guaranteed. If they do not, game over.

  • Go Hawkeyes

    Hey Apple, how do you like them…oh never mind.

    • warcaster

      How do you like them Apple.

      • http://twitter.com/gamercore Chris Chavez

        You ruined it. :(

        • AmericanPatriot4

          Summon the angry crowd with torches and pitchforks!

          • Sean Daniel

            Wooo! I knew I was saving those for something.

      • http://www.phandroid.com Quentyn Kennemer

        If you’re going to ruin it, at LEAST put the “s” at the end of “Apple.” Sheesh.

        • Steven Skwarkowski

          Glad I am not the only one who realizes how absolutely terrible the grammar has become on the internet. Internet speak is different from down right ignorance about proper spellings of words.

          H0w do you liek them apple? Tha fawk?

    • Frankie Abaddon

      Lmfao Nice

    • Robabobbob

      Today you are my internet hero! I award you 5 petaflops!

  • jerry Joe johnson

    Lesson to the wise: Don’t eff with Googarola

    • http://www.facebook.com/people/Jamille-Browne/1184321457 Jamille Browne

      Googlemoto sounds better

      • http://www.facebook.com/andersondiogo.casotti Anderson Diogo Casotti

        i prefer googlerola… reminds me a type of cheese
        in 4 formaggio pizza
        hmmm

  • NIGHTSCOUT

    It’s about time Motorola’s Patent Portfolio goes to work…. This is only the beginning. Apple might even end up bankrupt.

    • http://twitter.com/gamercore Chris Chavez

      I agree it’s nice to see Motorola putting their patent portfolio to work, but make no mistake — Apple is FAR from going bankrupt.

      • camelsnot

        if patent holders went after Apple more, they would probably have to rethink their own patent-trolling business model and just start innovating again. I don’t see it happening.

  • maximillion82

    Apple will refile and it will get thrown out again. Apple is the company that invented the high patent licensing fees, or worse they won’t even sell licenses. Google’s investment in Motorola is finally paying some dividends.

    • bmg314

      They can’t refile…at least not in that district. They CAN appeal, tho.

  • https://market.android.com/developer?pub=Ender's+Games+and+Apps Brian Ouellette

    and how much is apple paying to Moto per iphone?

    • http://twitter.com/gamercore Chris Chavez

      Moto wants 2%.

      • Marvin Nakajima

        So they have yet to pay anything on the FRAND? I guess it would be fair for Moto to charge interest since it seems Apple has asked for the same in the case with Samsung and the $1billion award.

  • John Toxworthy

    Apple declared war on about every tech company out there. Glad to see some justice served.

  • TalkingMoose

    If Apple only wants to pay $1 per phone, just charge $45 per phone. Problem solved!

  • Nick_Lopez_Loya

    I thought they were balling in cash. Aren’t they the company with the biggest capitalization ever? Bigger than even Exxon, which is fucking ridiculous that an iPhone is more valuable than gas lol
    Pay up and quit whining or you can go back at making the Newton. Your call lol

    • Jeffrey Evans

      Used to be but most of their money was tied up in stocks, stocks that have been in decline mode for almost two months straight.

  • ogurlpls

    Yay!

    • http://twitter.com/gamercore Chris Chavez

      Why, hello thurr. O_o

      • Pkmmte

        I’m telling Monique. O_o

      • dbest180

        Hello thurr yourself……

  • 1huckabuck

    Apple wants more crack.

  • Mikehenken

    I am by no means an Apple fan, however the rates that Google/Motorola are trying to charge are ridicules. Motorola wants billions of dollars a year for a wireless patent.

    • TalkingMoose

      That’s what comes from spending the time and money to develop and patent a technology. They next guy who comes along doesn’t get it free. Apple act like soiled rich kids who thinks the world owes them everything, Now they’re learning that they owe others instead. Literally.

      • Mikehenken

        While I do agree Apple needs to learn a lesson, this is not the lesson to learn.. No matter how you look at it, the patent is not worth billions of dollars a year. Apple knows this, Motorola knows this, Microsoft knows this. Google needs to play fair. You will see Apple refile and you will see the price dropped significantly.

        • burgosma

          Neither are apples patents on squares with round edges… and yet they received a judgement for near a billion. Interesting.

          • Mikehenken

            lol, I agree with you there 100%.

            However, Apple is not the only corporation Google/Motorola is trying to extort (harsh word but nearly accurate). The difference in the case you are referring to, is a jury awarded Apple that amount, for Samsung *supposedly* knowingly copying Apple. In this case, Motorola is asking for this money outright in negotiations for a patent license. Neither case is fair, and I would love nothing more to see that ridicules Samsung/Apple ruling overturned.

  • tomaSconnie

    …wish I would have paid more attention to this article and what was happening around me…turns out apples legal team and reps where staying at the hotel I work in. I made lunch for the last one staying there yesterday…if ever again, lil andy’s on every plate…;-)

    • Mikehenken

      NVM..

      • tomaSconnie

        your right. the thought of that much effort to make lil androids, for apple reps, disgusting.

        • Mikehenken

          Man, I don’t know where my mind was.. I saw “lil andy’s” and thought you were referring to contaminating their food with your…. Sorry

          • tomaSconnie

            lol. I kinda figured thats what you thought.