“In a very surprising ‘opinion and order’ entered late on Friday, Judge Barbara Crabb reacted unfavorably to Apple’s qualified willingness to enter into a patent license agreement,” Mueller reports. “Apple had stated that it would take a license to Motorola’s wireless (cellular and WiFi) SEPs on the basis of a court-determined FRAND royalty rate only if that rate does not exceed $1 per iPhone. In the event of the per-unit fee exceeding $1, Apple said it would exhaust all appeals and let the wholly-owned Google subsidiary continue with its SEP infringement actions.”
Mueller reports, “Judge Crabb is not willing to order Motorola to make Apple an offer if the sole purpose of that offer may be to provide Apple with a bargaining chip… Apple faces two challenges at this stage. It needs to address Judge Crabb’s concerns at the legal level, but it also needs to avoid coming across as an arrogant litigant who is just trying to use the court system to its advantage, respecting only those decisions it totally agrees with.”
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