Linked by Thom Holwerda on Mon 13th Feb 2012 19:26 UTC
In the News The first big hurdle has been taken by Google and Motorola Mobility. The European Union has given the green light for Google to proceed with its acquisition of Motorola Mobility. The EU will, however, monitor the deal and its outcome for potential patent abuse. Update: And there we go, the US DoJ has approved the deal as well. Update II: The just-linked DoJ report also approves the Nortel patent sale to Apple, Microsoft, and RIM. I'm hoping for lots of fireworks here so the patent system blows up in Google's, Microsoft's and Apple's faces, so we can point and laugh about all the money they wasted.
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RE[4]: Huh?
by majipoor on Tue 14th Feb 2012 16:12 UTC in reply to "RE[3]: Huh?"
Member since:

You are wrong: the iPhone 4S use a Qualcomm chipset.

"Motorola alleges that Apple infringes the '336 patent based on Apple's use of a MDM 6610 baseband chip in the iPhone 4S, which is provided to Apple's contract manufacturers by Qualcomm Inc. ("Qualcomm"). "

"In its papers before the Higher Regional Court, Motorola has made arguments in breach of its agreement with Qualcomm that would require the German court construe the Motorola/Qualcomm agreements. For example, Motorola has argued against Apple's claim that it is a third-party beneficiary under the Motorola/Qualcomm agreement and Motorola has argued that its termination of the Qualcomm agreement with respect to Apple sales was effective under the Motorola/Qualcomm agreement."

Edited 2012-02-14 16:18 UTC

Reply Parent Score: 1

RE[5]: Huh?
by Tony Swash on Tue 14th Feb 2012 18:21 in reply to "RE[4]: Huh?"
Tony Swash Member since:

It looks to like both Samsung and Motorola are abusing FRAND and the Motorola case definitely involves Qualcomm and Apple. This is from The Verge.

According to a report by Reuters, Apple filed a new case in California federal court today, claiming Motorola's patent infringement cases against Apple in Germany breach Motorola's licensing agreement with San Diego-based Qualcomm. This matches up with Apple's defenses against Samsung — companies can't double dip on licensing fees under the legal principle of patent exhaustion.

Wireless baseband chips now used in iPhones are purchased from Qualcomm, and Apple argues that Qualcomm already pays Motorola (and Samsung) patent licensing fees for those components. Under the legal doctrine of patent exhaustion, Motorola can only demand one payment per use of the patented technology. Apple already paid Qualcomm for the right to use Motorola's patented technology when it paid for the Qualcomm chips, so Motorola's enforceable patent rights relative to those components are now all used up. This new suit in California simply brings the issue to a head by alleging that Motorola breached its agreement with Qualcomm by attempting to collect those licensing fees again.

While Apple's FRAND defenses have received a lot of news coverage lately, this patent exhaustion defense may be equally important. Patent exhaustion is an established principle under US patent law, and it has a certain common-sense appeal for both judges and juries. To the extent the Qualcomm baseband chips are fully covered under an existing license, it'll be difficult for Motorola to argue it deserves another bite at the Apple, so to speak.

Original is here:

Reply Parent Score: 1

RE[6]: Huh?
by Tony Swash on Tue 14th Feb 2012 18:24 in reply to "RE[5]: Huh?"
Tony Swash Member since:

Sorry - I meant to add this from the Guardian.

Apple last week filed a potentially explosive lawsuit in the US, claiming that MMI is abusing its ownership of essential patents used for mobile phones, after it wrote to Apple and chipmaker Qualcomm in January. In the letter, MMI revoked Apple's ability to use two patents embedded in Qualcomm chips used in the iPhone. Such specific revocations are not normally allowed under the terms on which "essential" patents are licensed: if Motorola is found to have breached the "FRAND" (fair, reasonable and non-discriminatory) rules around the licensing of its patents then it could face sanctions from standards bodies, and damages from Apple.

Reply Parent Score: 2

RE[6]: Huh?
by Thom_Holwerda on Tue 14th Feb 2012 18:28 in reply to "RE[5]: Huh?"
Thom_Holwerda Member since:

It looks to like both Samsung and Motorola are abusing FRAND and the Motorola case definitely involves Qualcomm and Apple. This is from The Verge.

You do realise this is just an accusation, right, and not a statement of fact? I know Apple's own words are facts to you, but not to most of the rest of the world.

Just point it out.

Reply Parent Score: 4