“On Thursday I blogged about an Apple filing in Southern California seeking to prevent Google (Motorola Mobility) from spying on high-level negotiations between Apple and Qualcomm,” Florian Müller reports for FOSS Patents. “That particular litigation is all about whether Motorola Mobility is barred by a patent cross-license agreement with Qualcomm from suing Apple for infringement of standard-essential patents (SEPs) implemented by Qualcomm baseband chips.”
“Apple is a Qualcomm customer, and patent protection is a key differentiator for Qualcomm’s chips. Therefore, it’s in Qualcomm’s business interest that Apple win the Southern California case,” Müller reports. “Last week Qualcomm filed an amicus curiae brief in connection with the Federal Circuit appeal of last year’s dismissal of an Apple v. Motorola FRAND contract action in the Western District of Wisconsin. ”
“Officially, that letter to the court was filed “in support of neither party”, but it does support Motorola on the most basic issue on appeal: whether the court was right to dismiss Apple’s request for a FRAND determination because Apple had not committed to bound by its outcome no matter what royalty rate the court might have arrived at,” Müller reports. “It does not support Apple on any of the issues that it is appealing. So this is a brief in support of Google (Motorola), but limited to one issue. Qualcomm does not take a position on other, more case-specific issues.”
Read more in the full article here.