Those who have been reading our news reports about Fair, Reasonable, And Non Discriminatory (FRAND) terms of patents would have anticipated something like this long back.
Electronista has reported that Apple has just a complaint with the European Commission (EC) regarding Motorola’s recent legal actions. Motorola had won an injunction in Germany last month that resulted in the temporary ban on the sales of some Apple products.
However, Apple has maintained that the patents that Motorola is asserting against it are industry standard, and therefore fall under FRAND jurisdiction. Apple went to the EC as it felt that Motorola did not want to give a FRAND license to Apple.
According to the report, a recent SEC filing revealed that Motorola received a letter from EC that notified them of Apple’s inquiry. The details of the complaint have not been made public yet. We are assuming that it has something to do with the recent Germany injunction.
The lawsuits that Apple lodged against Samsung and many Android partners are software and design-oriented. On the other hand Motorola’s lawsuit involves patents on hardware that is necessary to the function of any smartphone and would be difficult to work around.
That is why Apple called it FRAND abuse, because under the terms of FRAND, companies holding industry-standard patents must offer reasonable licensing terms on those patents to other companies. And Motorola’s licensing offer to Apple was not reasonable.
Apple might score victory over Motorola here. EU officials have already started initial antitrust investigations into both Motorola and Samsung due to their legal actions regarding their FRAND patents. Now with European Commission involved in this matter, if Apple has its way, then Motorola will either have to abandon its lawsuit against Apple, or lower its licensing fee.
Source: iDownload Blog