“The most interesting revelation is that Motorola apparently took in its sealed trial brief a new position on what should be the FRAND royalty rate for its celullar standard-essential patents (SEPs),” Mueller reports. “According to Apple, “Motorola’s first new theory is that 2.25% should be applied to the difference in price between an iPod Touch and the unsubsidized iPhone (without a carrier contract)”. The filing says that this would mean a royalty base between $400 and $450. As a result, Google’s Motorola Mobility would charge Apple between $9 and $10.13 per iPhone for its wireless SEPs.”
Mueller reports, “Apple rejects the notion that it “receives $400 to $450 in value from cellular functionality” and claims it’s inconsistent with what one of Motorola’s own experts said in a related case.”
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MacDailyNews Take: FRAND abuse.
FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
Google U.S. antitrust lawsuit said to be urged by FTC investigators over Internet search, FRAND abuse – October 15, 2012
U.S. FTC investigating Google, Motorola Mobility over FRAND abuse – June 30, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
Apple asked standards body to set rules for essential FRAND patents – February 8, 2012