Wisconsin judge throws out Apple/Motorola lawsuit

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Prior to Motorola Mobility’s purchase by Google Apple sued the company in Wisconsin, alleging that Motorola had been charging unreasonably high rates for FRAND (fair, reasonable, and non-discriminatory) patents. The judge in the case, which was filed in March 2011, has dismissed the case with prejudice, meaning that it cannot be litigated on further.

Judge Barbara Crabb dismissed the case saying that Apple’s unwillingness to abide by the court’s decision on a FRAND rate, should it prove to not be in line with what the company wants, making going through the motions of a trial pointless. From the judge’s statement on Friday, prior to the case’s dismissal:

In its response to Motorola’s motion for clarification on the specific performance issue, Apple states that it will not commit to be bound by any FRAND rate determined by the court and will not agree to accept any license from Motorola unless the court sets a rate of $1 or less for each Apple phone. In other words, if Apple is unsatisfied with the rate chosen by the court, it ‘reserves the right to refuse and proceed to further infringement litigation.'”

An attempt by the court to get both parties to reach a compromise failed, with Apple asking that “both parties preserve their rights to appeal the Court’s ruling, such that both parties’ payment obligations would begin after such appeals are concluded.” Apple is reportedly seeking to have the court’s dismissal made without prejudice.

Motorola said in a statement “We’re pleased that the court has dismissed Apple’s lawsuit with prejudice. Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards. We remain interested in reaching an agreement with Apple.”

Source: AllThingsD

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