Apple sues Motorola Mobility over Qualcomm license

“Apple sued Motorola Mobility in a U.S. court on Friday in an attempt to stop Motorola from asserting some patent claims against Apple in Germany, according to the lawsuit,” Dan Levine reports for Reuters

“The suit, filed in a San Diego federal court, argues that Motorola’s German lawsuit against Apple breaches terms of a patent licensing agreement between Motorola and Qualcomm,” Levine reports. “In the latest lawsuit, Apple says that as a Qualcomm customer, Apple is a third-party beneficiary of Motorola’s agreement with Qualcomm. Under that agreement, Motorola’s rights under certain patents are exhausted, Apple argues.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Fred Mertz” and “Dan K.” for the heads up.]

Related article:
Motorola Mobility loses patent case against Apple in Germany – February 10, 2012

29 Comments

  1. I hope Apple sues them to recoup all their legal costs. It would serve Motorola right to have to pay for all of Apples legal fees in relation to their patent lawsuit.

        1. ‘Tis not Bacon. Although the recent film is wrong on several major assumptions, Edward de Vere (Oxford) has his fingerprints on every line of the Shakespeare canon. There is enough recent scholarship to settle the who, how, and why the illiterate little man from Stratford got the credit.

  2. Didn’t MMI cancel the license with Qualcomm specifically with regard to Apple? I wouldn’t be surprised if restrictive practice was part of the lawsuit.
    It’s beginning to look like Apple is luring the copycat makers out of the bushes, whose one and only shot – FRAND abuse, comes with a cluster fsck of gotchas.
    This is gonna hurt ….

  3. Copy of filing on 9to5mac.com. MMI is getting desperate by having tried to unilaterally terminate its license with QCOM with regard to QCOM right to sell base band chips to Apple .

    Perhaps Apple should refuse to buy from any vendor who supplies products to MMI. MMI would cease to be able to build phones. May not happen because of antitrust considerations. MMI is likely the next Kodak – with only what its IP is worth. How many Xooms and Moto Droid phones have you seen in the wild?

    1. Patent law prevents a patent holder for charging more than once for the patent past the original license.  Or double dipping to coin a phrase. If this were not the case anyone could be sued for using the patent at any time.  Even end consumers of a product with a licensed technology.  Hense the example above.  Intel licenses a processor to say apple or asus. They put that processor in there computers.  You buy the computer.  Asus and apple have already paid the patent holder for the license for that processor.  So because of that patent law says you don’t have to pay for the license to use that patent again because it was payed for by the manufacturer.  If not intel could sue you for patent infringement.  The patent law that protects you and all third parties is called patent exhaustion.  In this case with Motorola apple as a third party bought a Qualcomm chip which Qualcomm already paid for the patent .  Apple is then a third party to the patent and is by law covered by patent exhaustion .  Which means Motorola can not double dip and make apple pay again.  Motorola not only wants to do that they sent a letter to Qualcomm to exclude apple from ther patent agreement with Qualcomm which Qualcomm disagreed with and told Motorola they would not do due to the terms of there patent agreement. Plus Motorola could sue anyone the same way which means droid phone vendors too. They all use this chip.  Not only that they want 2.25% of the final price of the complete iPhone as royalties. That is ridiculous .  It amounts to extortion over a FRAND patent and would amount to billions.  There suing Microsoft the Same way over an h.264 patent the Xbox uses.  And want 2.25% of all Xbox sales worldwide.  If this is allowed all companies not just apple and Microsoft will be crippled because they won’t be able to afford to make any products.  It is anti competitive and the actions of a monopolistic company.

  4. Go thermal nuclear APPLE !!!!

    Whatever APPLE is using it has licensed from the owner – this is understood unless proven not so… I trust Apple has been playing the game legally and has bought new patent rights for better and future options. Not because it wishes to play Google way of things.
    The heat is on. Kaboom !!!

    Down with ANDROID – and bring down SAMSUNG, GOOGLE and MOTOROLA with it.

  5. Qualcomm market value is currently 104, and that’s before the take over markup. You can forget Apple “taking over”. They are very tight pursed when it comes to acquisitions. They have never paid more than a few hundred million and likely won’t any time soon.

    1. No, it would complicate things.

      Qualcomm makes the chips Apple uses, they have the license. Apple (and ever other cellphone manufacturer) is covered under that license, MMI is trying to double-dip, and committing Frand abuse.

      They (MMI) are going to lose big.

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