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]

Chris Chavez
I've been obsessed with consumer technology for about as long as I can remember, be it video games, photography, or mobile devices. If you can plug it in, I have to own it. Preparing for the day when Android finally becomes self-aware and I get to welcome our new robot overlords.

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

    1. They’ll appeal. They always appeal….

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

        1. doesnt quite work… ;)

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

      2. 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.

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

    1. How do you like them Apple.

        1. Summon the angry crowd with torches and pitchforks!

          1. Wooo! I knew I was saving those for something.

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

        1. 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?

    2. Lmfao Nice

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

  3. Lesson to the wise: Don’t eff with Googarola

    1. Googlemoto sounds better

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

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

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

      1. 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.

  5. 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.

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

  6. and how much is apple paying to Moto per iphone?

      1. 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.

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

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

  9. 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

    1. 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.

  10. Yay!

    1. Why, hello thurr. O_o

      1. I’m telling Monique. O_o

      2. Hello thurr yourself……

  11. Apple wants more crack.

  12. 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.

    1. 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.

      1. 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.

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

          1. 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.

  13. …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…;-)

    1. NVM..

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

        1. 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

          1. lol. I kinda figured thats what you thought.

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