by Staff Writers
San Francisco (AFP) Nov 5, 2012
A federal judge on Monday tossed out an Apple lawsuit accusing Google-owned Motorola Mobility of trying to charge the iPhone maker too much for licenses to essential technology for mobile devices.
US District Court Judge Barbara Crabb dismissed the case after a week of pre-trial legal wrangling that evidently convinced her that the matter was headed for prolonged litigation instead of earnest resolution.
Apple filed suit against Motorola Mobility early last year after Motorola claimed it was due 2.25 percent royalty on sales of devices powered by iOS software, using patented Wi-Fi and video technology.
Apple argued that the price was too high because the technology was in a category considered industry-essential and therefore had to be licensed under terms that are "fair, reasonable, and nondiscriminatory" (FRAND).
Crabb sided with Apple regarding the FRAND status of the Motorola technology but dismissed the case on Monday, when the trial was to begin, after Apple placed conditions on whether it would accept license terms set by the judge.
"The case cannot proceed to trial on the remaining issue; case dismissed," Crabb wrote in her ruling.
Apple can appeal the judge's decision.
Motorola Mobility 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 standards-essential patent portfolio at a reasonable and non-discriminatory rate in line with industry standards. We remain interested in reaching an agreement with Apple."
Apple did not respond to an AFP request for comment.
Space Technology News - Applications and Research
|The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement|