Apple has told the US District Court for the Western District of Wisconsin that it is willing to pay Motorola Mobility $1 per iPhone in order to continue its use of several Motorola patents. Apple wants the court to set several Motorola patents to FRAND (fair, reasonable and non-discriminatory) licensing.
If the court fails to issue FRAND status Apple has promised to appeal the decision and examine all other options made available.
Apple issued its ultimatum after Motorola filed a motion for clarification just five days ahead of the scheduled patent infringement battle.
In asking for the $1 FRAND pricing Apple argues that Motorola’s only expert has been unable to testify to a set licensing rate at the time of trial. The court has admitted that the expert had not even given an idea of what rates might average.
Pretrial rulings have largely favored Apple. In this case the tech giants expert says they will show copious real-world evidence” at next week’s trial which showcases real-world pricing based on “Motorola’s contemporaneous licenses — that establishes a ceiling for the FRAND rate Motorola could charge Apple for Motorola’s worldwide portfolio.”
Motorola has also asked that a German court set the FRAND rate after the company’s victory in that region. Apple contends that while taking longer to complete the Wisconsin lawsuit actually predates the Motorola Germany case. Apple asks that the Motorola lawsuit in Wisconsin be used to establish the worldwide rate for Motorola FRAND licensing.
Do you think Apple will end up with a victory in this most recent waste of court room time?