Google’s Motorola says it wants binding arbitration to resolve Apple’s FRAND patent claims

“Last week I reported on what’s left of the Apple-Motorola FRAND dispute in Wisconsin after the trial was canceled. At this stage it all comes down to the question of whether the dismissal would be with or without prejudice. In the former case, Apple fears that its ability to raise certain FRAND defenses against the Google subsidiary’s infringement claims would be impaired by the res judicata effect of dismissals with prejudice,” Florian Mueller reports for FOSS patents. “In the latter case, Motorola says it might have to relitigate issues on which the parties already spent a lot of time and money (and which also required resources of the U.S. court system) in the Wisconsin proceeding, which it would consider unfair.”

“The minute order on the November 5 dismissal of the bench trial originally scheduled to commence later that day was a dismissal with prejudice,” Mueller reports. “But Apple filed a bench memorandum after the hearing and three days later, Judge Barbara Crabb reaffirmed and explained in writing here decision to dismiss the case, but semi-surprisingly opened the door to reconsideration on the question of prejudice, saying that ‘[t]he court will decide whether the dismissal is with or without prejudice after the parties have completed briefing on the issue.'”

Mueller reports, “Yesterday Motorola filed its reply brief to Apple’s memorandum…[in which] Motorola once again proposed binding arbitration as a path to a solution. I’m not sure that this proposal is serious.”

Read more in the full article here.

[Thanks to MacDailyNews Reader “Dan K.” for the heads up.]


    1. Google over stole much of the source code from Oracle and though arguably Oracle was ripped off, they didn’t have a tight enough license on the parts of the source code that Google used to make the Android OS and thus lost their suit against Google. Then Google teamed up with Motorola for legal leverage.

      Unfortunately for everyone, Samsung and others has been copying Apple’s stuff using stolen software from Oracle that Google stole.

      At lest HTC is decent enough to settle and move on. Google/Motorola, Samsung, et al. are working hard to defend their stolen claims, however.

      1. Sun open sourced java. Kinda hard to steal something that they gave away under a free software license.

        One of the reportedly stolen pieces of code was written by a google engineer since they were a contributor to java at the time.

        oracle tried to pull the wool over the courts eyes and change the licensing terms after the fact.

        They got their asses handed to them in court and rightfully so.

        1. +1

          Oracle tried to get a cut of the Android pie and got smacked down.
          I know it’s MDN protocol for the base users to weigh in with knowledge of a given subject, but MEES, you’re just making stuff up. Put up some verified references to this claim.

          Just google (Bing, DuckDuckGo, or whatever) “Oracle vs Google”.
          You’ll get plenty of arguments contrary to your fiction. Here’s one for you.

  1. The journalistic community should bring to light how Google is using their patents to bully others. And these are not patents from
    Inventions at Google. No these are patents acquired for the sole purpose to use in legal battles. At leats Apple is suing with patents from their own inventions.

    1. You’re joking right?

      You do know the history of the East Texas Court District, don’t you? It is infamous for plaintiff wins with HUGE payouts. They even went so far in one ruling to not allow Apple the opportunity to PROVE that they DID NOT COPY IP… the court refused to allow Apple to enter the documentation as evidence.

    2. You might want to find a hole to burry your head in other than your ass! What exactly did Virtex create and patent again? Oh, that’s right, nothing. What was your point again? … I thought so.

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