Apple files complaint against Motorola over FRAND abuse

By , Feb 19, 2012

Well we all saw this coming. Electronista is reporting that Apple has just filed a complaint with the European Commission regarding Motorola’s recent legal actions. The handset-maker won an injunction in Germany last month, resulting in the temporary ban of some of Apple’s products.

But Apple has maintained that the patents that Motorola is asserting against it are industry standard, and therefore fall under FRAND jurisdiction. And since Motorola doesn’t seem to want to offer Apple a FRAND license, Apple went to the EC…

According to the report, a recent SEC filing revealed that Motorola has received a letter from the European Commission notifying them of Apple’s inquiry. The details of the complaint have not been made public yet, but we’re assuming that it has something to do with the recent Germany injunction.

Apple feels that unlike its own software and design-oriented lawsuits that it has lodged against Samsung and other Android partners, Motorola’s lawsuit involves patents on hardware that is necessary to the function of any smartphone and would be difficult, if not impossible, to work around.

That’s why it’s calling FRAND abuse, because under Fair Reasonable and Non-discriminatory terms, companies holding industry-standard patents must offer reasonable licensing terms on those patents to other companies. And Motorola’s licensing offer to Apple was anything but reasonable.

Apple might actually get its way here. EU officials have already started initial antitrust investigations into both Motorola and Samsung due to their legal actions regarding their FRAND patents. And if the European Commission steps in, then Motorola will either have to abandon its lawsuit against Apple, or substantially lower its licensing fee. Interesting.

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  • http://www.facebook.com/profile.php?id=1470822676 Pam Eves

    Oh good lord. They’re like a group of 2 year-old children fighting over the last green crayon. Somebody needs to separate them and put them all in a time-out.

    • http://www.fep712jubilee.com Alex Cooper

      Don’t think it’s like that. Think of it as a conspiracy not getting involve into it is the answer. The only recent they start it at the first place was becuase one party thinks that others are stealing from them but suddenly it becomes a war of unclear directions

  • Ignacio Irigoyen

    I would be great if every phone building company had a critical patent, that way the would arrive at MAD (Mutual Assured Destruction). So nobody could sue nobody without horrible results.

    It would be game over

  • http://twitter.com/PROL1MIT Osama

    This whole apple-samsung-motorla suing thing makes these companies look like 8 year old kids.

  • http://twitter.com/x_rus_x Vitaliy Anonymous

    Then Motorola will sue Apple for damages caused by suing them. Then Apple will sue Motorola for the counterattack. These lawsuits are getting ridiculous. I wish I could walk up to Tim Cook and tell that idiot to tell his legal team to starting acting like adults.

  • http://twitter.com/purpledodi Jens Tinnerholm

    Lol. I can see it infront of me. an apple screaming “its not fair!” Motorola probably will drop the ball on this. But i cant help to think that apple had it coming after everything thats happened. Not so funny to be on the other side of the fence

  • Hatyrei

    Lol,. Looks who’s talking…How about sue abuse! There should be a limit of complaints.Apple started it…! pointing fingers… lol..