Judge Dismisses Apple’s FRAND Lawsuit Against Motorola with Prejudice

Just breaking now: the federal judge due to start Apple’s FRAND lawsuit against Motorola Mobility today in Wisconsin has dismissed Apple’s case outright with prejudice. This is going to limit Apple’s options for appeals and other remedies.

FOSS Patent reports:

The dismissal follows an eventful pre-trial week. On Tuesday, wholly-owned Google subsidiary Motorola Mobility brought a “motion for guidance” that essentially demanded that Apple commit to a license deal on court-determined terms. Motorola Mobility generally opposed the idea of the court setting a FRAND rate and ordering Motorola to make Apple an offer on that basis, but at least it wanted to ensure that Apple would also be bound by the court’s determination, just like Microsoft had also committed, in a different case in another district, to a license deal.

According to FOSS Patent, things were going very well for Apple as the Judge Barbara B. Crabb seemed quite inclined to accept Apple’s request to strike a license deal with Motorola for its standard-essential wireless patents. But when Apple showed its willingness to not more than $1 per iPhone, the judge started to doubt Apple’s intention and instead decided to dismiss the case with prejudice.

Apple is likely to appeal the dismissal but Florian Mueller of FOSS Patents believes that Apple missed the opportunity:

Apple apparently felt that it had a very strong position because none of Motorola’s SEP assertions in the U.S. has succeeded so far. I still believe Apple should have seized this opportunity to have an SEP license agreement put in place with Motorola Mobility.

  • http://www.facebook.com/crjbraafhart Chris Braafhart

    Did the judge just give apple the Big finger???? :D

    • http://www.facebook.com/THExREALxTACO Jeremy Taco Patterson

      Pretty much.

  • deadcat

    Things haven’t exactly gone well for Apple in the courtroom after the Samsung verdict (which stands a fair chance at getting overturned)

    • grim reefa

      Indeed! Its looking really good for the consumer right now. These ridiculous claims by Apple are starting to been seen for what they are.

      • Alan

        So, I have seen you comment several times telling people/iPhoneHacks not to be biased. But you seem to be completely biased (read anti-Apple). Practise what you preach or troll somewhere else.

        • http://www.facebook.com/THExREALxTACO Jeremy Taco Patterson

          But that’s not the Troll way, Alan.

          • Noneya

            And in pop’s the troll.

          • http://www.facebook.com/THExREALxTACO Jeremy Taco Patterson

            There’s no apostrophe in “pops”.

            And I am FAR from a troll.

        • grim reefa

          What on earth are you talking about? I’m not Anti-Apple I’m anti-ridiculous claims that stifle competition and consumer choice. It just happens to be Apple that is the company in question here, It wouldn’t make a difference to me whether it was Apple or Google. I have plenty of bad things to say about both companies. I own various Apple and Google OS devices and love them both in various ways but they are not perfect and I dont mind discussing their different aspects when they come up for discussion, this been one.

          Your problem is that you have this expectation that all Apple users are blind isheep and wont have a single bad word to say about them and all their cool shiny products, well your expectations are wrong. I own iPhone 4S and an iPad3 and both are great devices (In some aspects) but very flawed in others and you can say exactly same for my Galaxy Tab and my SGS2.

  • http://www.facebook.com/AJNicho Andy Nicholson

    What’s going on. They’re a train wreck right now

  • gugutech

    Apple vs. Foreign Companies inside USA = Apple won
    Apple vs. Foreign Companies outside USA = Apple lost
    Apple vs. USA Companies inside/outside USA = Apple lost

    Therefor I think the judges in the case Apple vs. Samsung in California were biased against Samsung.

  • gugutech

    Apple should NOT own the “rectangle with rounded corners” patent. I think only stupid US patent officers granted Apple this patent. I wish I could sue US patent officers for granting that patent to Apple because it should belong to all users.