Apple says Motorola demanded more than 12 times the rate it charged others for the same patents

“The Motorola-Apple dispute, which started in October 2010, has a complex procedural history. Even the “Posner case” at some point passed through the Western District of Wisconsin, but Judge Crabb passed it on to “a kind judge in Chicago who enjoys trying patent cases” — i.e., Judge Posner,” Florian Müller writes for FOSS Patents.

“Subsequently, Apple would have liked to see the two cases consolidated in Illinois, but just to be clear, the procedural origin of the Wisconsin FRAND antitrust and contract case is that Apple brought counterclaims to Motorola’s ITC complaint, and counterclaims must be immediately removed from ITC investigations to a district court,” Müller writes. “Apple selected Wisconsin for this purpose. The ITC investigation went nowhere: the U.S. trade agency tossed the remainder of Motorola’s complaint (one non-SEP) in April 2013. In August 2012 the ITC had already sided with Apple on three Motorola patents, including a SEP that a judge held Apple (in an April 2012 preliminary ruling) to infringe. Two Google appeals relating to that one ITC investigation are before the Federal Circuit.”

Müller writes, “The most interesting economic information is that Motorola, according to the brief, ‘demand[s] that Apple take a license at a rate that was more than 12 times what Motorola was charging other licensees for the same technology–a rate that was unfair, unreasonable, and decidedly discriminatory.'”

Much more in the full article here.

15 Comments

    1. There’s a nasty little saying I was taught by a strange teacher I had in 9th grade:

      “Smarty-Smarty
      Had a party
      and nobody came”

      What’s odd about her saying is that she was teaching it to all the science ‘smarties’ in the 9th grade, and she was tyrannically exclusive about who she let into her class. From my POV this saying encapsulates the hypocritical bias of insecure people regarding people they perceive to be ‘smarter’ than them. It is remarkably like the cruel undermining and bullying of productive/creative people by the relational/marketing people in business.

      A common hypocritical term heard from these insecure people is ‘arrogant’ as applied to those they believe to be ‘smarter’ than them. When these insecure people are allowed to take power, you literally get such catastrophes as what is laughably called ‘communism’. As I often point out, these insecure relation oriented people make the worst of all possible leaders. Thus the immediate FAIL and fall of any attempted ‘communist’ state into a totalitarian dictatorship whereby the productive/creative people are thrown in jail, tortured into submission or plain old murdered. Witness Stalin, purported to be the worst mass murderer in human history.

      Returning to the subject at hand:
      Apple is the prime ‘smarty’ in the current business world, and the insecure marketing-oriented companies HATE ‘arrogant’ Apple for it.

      Because of the creative nature of Apple, I don’t see Apple-hate from insecure, overcompensating, non-creative biznizziz EVER abating. It’s human nature, sad to say. Bleh. 😛

      And yes Apple. I always love your parties. Thank you for inviting me.

  1. Plain and simple Google is disingenuously evil and will stop at nothing to try to stop or slow down Apple, even through companies it acquires. How they think this kind of reckless SEP abuse isn’t utterly transparent or fools anyone with it’s outrageousness is beyond me. Still, I never thought the DOJ would win it’s case against Apple either (and in my opinion they still haven’t). What I would like to see is this kind of abuse boomerang and the offending company stripped of any rights to the same patent which would then go into public domain.

  2. Perhaps why Apple has so many enemies lies in how it operates. Here we see Google doing many social things. Things like this week they announced they will install and maintain free WiFi for all the public parks in San Francisco. They already provide free WiFi in Mountain View. Apple on the other hand goes out its way to piss off Cupertino with its demand for city services. Google has many public activities, Apple has deep fear of anyone knowing anything about what they are doing. The Apple campus is like the CIA, Google is full of bicycle riding friendly people. Apple is out to patent and sue every other company, Google not so much. These two companies could not have more different personalities, one is open and friendly, one seems to be at war with the world.

      1. EXCELLENT analogy.

        Put into political and business terms:
        ‘Comrade, that technology you invented is marvelous! Hand it over or I will slur you in the government propaganda rag as a dirty capitalist who represses the proletariat.’ 😯

    1. So asking 12 times more from Apple for a FRAND (!) patent than they do from others, would you classify that as open and friendly, or at war with the world?

      And how about stealing IP while entrusted at Apple’s board?

      Open and friendly my ass…

    2. Do you really believe Google gives anything away for free??? It’s just another means for them to mine data off of you!!

      If Apple doesn’t protect their designs with a veil of secrecy, everything they design will be stolen. Even with patents “protecting” them, everything Apple does is bootlegged and/or stolen. You really believe Google doesn’t try to gain patents??? They purchased Motorola solely for their patents!! The reason why they don’t patent even more is because none of the stuff they do is original!!

    3. one is open and friendly, one seems to be at war with the world.

      Mis-characterization much?

      I think you need to blast open your brain by studying some history and psychology. Be certain to look up the term ‘passive aggressive‘ then apply it to Google. You’ll be astounded at the insight it will provide.

      There’s an enormous difference between being offensive (Google) and being defensive (Apple). Read through your bogus analysis with that in mind, then try again please.

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