“Five months after Judge Posner canceled an Apple v. Motorola Mobility patent infringement trial, the closely-related FRAND contract trial scheduled to begin on Monday (November 5) may suffer the same fate,” Florian Mueller reports for FOSS Patents. “”
“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.”
Read more in the full article here.
Isn’t that what the appeals process is for? Apple’s just letting them know up front what they will appeal and what they won’t.
Another STUPID and arrogant judge that has NO idea of what is reasonable FRAND rates.
I wonder what he would do if the IRS said he owed 4.2 billion in taxes? You know 4.2 billion or thousand…… It’s pretty much the same? Right
Stupid judge. JMHO
I think the judge in question is a her, not that it matters much.
“… who is just trying to use the court system to its advantage …”
Well they sure as hell aren’t there to use the system for Google’s advantage. What a friggin’ dumb ass.
“…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.”
Was this article about Apple or Samsung?