Apple Sues Motorola Over Licensing of Cellular Technology by Qualcomm

Reuters reports that Apple has filed a lawsuit against Motorola Mobility alleging that Motorola has breached a licensing agreement with Qualcomm in its efforts to have a number of Apple's iOS devices banned from sale in Germany. Following a December victory by Motorola in a German court, Apple last week briefly pulled all 3G-enabled products with the exception of the iPhone 4S from its German online store. They were restored within a few hours after the injunction was suspended.

apple motorola qualcomm logos
Today's lawsuit specifically addresses the iPhone 4S, which Motorola has also been seeking to block in Germany and other countries. The iPhone 4S utilizes Qualcomm's MDM6610 baseband chip, and Apple argues that Qualcomm's patent license with Motorola exhausts Motorola's rights to further royalties from Apple.

The suit, filed in a San Diego federal court, argues that Motorola's German lawsuit against Apple breaches terms of a patent licensing agreement between Motorola and Qualcomm. [...]

In the latest lawsuit, Apple says that as a Qualcomm customer, Apple is a third-party beneficiary of Motorola's agreement with Qualcomm. Under that agreement, Motorola's rights under certain patents are exhausted, Apple argues.

Apple has raised this issue before, perhaps most notably in defending itself against Samsung in Australia where it similarly claimed that Apple is protected from attacks based on these patents related to core cellular technologies by virtue of Qualcomm's licensing agreements. Motorola and Samsung have disagreed with Apple on that front, and Apple is now pressing the matter with a lawsuit of its own specifically addressing the issue as it relates to Motorola's efforts in Germany.

Related Forum: iPhone

Top Rated Comments

richlizard24 Avatar
145 months ago
Motorola is trying to double dip

It's simply really. Motorola has licensed its FRAND patents to Qualcomm. Qualcomm pays the licensing fee and is free to use that tech in its chips. Apple purchases and uses said Qualcomm chips in its products. Motorola is now trying to collect a fee from Apple for the use of its technology covered by the FRAND patents even though they have already collected the fee from Qualcomm. Motorola is trying to double dip and argue that Apple should not be included in its licensing agreement with Qualcomm. Essentially, Motorola is trying to collect a non-FRAND patent fee from Apple for a FRAND patent, even though they already collected that fee from Qualcomm.
Score: 55 Votes (Like | Disagree)
gflinch Avatar
145 months ago
It's simply really. Motorola has licensed its FRAND patents to Qualcomm. Qualcomm pays the licensing fee and is free to use that tech in its chips. Apple purchases and uses said Qualcomm chips in its products. Motorola is now trying to collect a fee from Apple for the use of its technology covered by the FRAND patents even though they have already collected the fee from Qualcomm. Motorola is trying to double dip and argue that Apple should not be included in its licensing agreement with Qualcomm. Essentially, Motorola is trying to collect a non-FRAND patent fee from Apple for a FRAND patent, even though they already collected that fee from Qualcomm.

I have to agree, if this is the correct understanding (seems to to me).

Its like going to the hardware store to buy some screws, I buy them, take them home, and now the screw manufacture calls me up and says I have to pay again to use them in my project.
Score: 23 Votes (Like | Disagree)
dethmaShine Avatar
145 months ago
And the suing cycle continues...

Mind you my friend, this is very different. :)

I think over the past few days, I've understood a lot about FRAND patents but as far as I understand, both Motorola and Samsung have knowingly abused FRAND patents.

Give it a year, the situation will be much clearer.
Score: 21 Votes (Like | Disagree)
vrDrew Avatar
145 months ago
It just seems like blatant abuse of FRAND to me.

Actually, its not.

What Apple is claiming (in this particular) case is "Patent Exhaustion." Which is the principle that if company A licenses its patent to Supplier B, who then uses the tech in a component which they then sell to company C - Company A cannot then go and sue company C for patent infringement.

FRAND is a totally different concept. It (very briefly) holds that if a company submits its technology to be part of an industry standard, then they HAVE to offer a license on that technology to all comers, and under "reasonable" terms.

Think of the when they were setting up the system of electrical power. Each house needs to have the same sort of electrical outlets, otherwise you would have chaos and waste. And so an industry group decides on a certain type of outlet. Now the design on that type of plug may be patented by one member of the industry group. And every OTHER company that wants to sell lamps and refrigerators and televisions, HAS to use the patented plug and outlet.

FRAND says that the patent holder HAS to license its plug design to everyone that wants to use it. It has to license the design under terms that won't make it uncompetitive, they can't offer preferential terms to some companies and not others.

That is kind of a nutshell of what Samsung and Motorola are going in the smartphone business right now. They are using their "baseband" patents - which were issued with FRAND commitments - in such a way that Apple (in particular) feels violates the FRAND principle. Getting back to the "electrical power" analogy I used above, Motorola is saying that, rather than paying $0.20 per unit to use their "plug" technology - Apple has to pay them a percentage of the cost of their refrigerator.
Score: 19 Votes (Like | Disagree)
jon1987 Avatar
145 months ago
Well if it really is that clear cut and motorola are trying cash in twice then something needs to be done about it.



So if Qualcomm pays for the licence who are they meant to sell the chips to if no one else has the licence?
Score: 18 Votes (Like | Disagree)
Wondercow Avatar
145 months ago
This feels like one of those situations where it is abusive litigation and subject to fines.

Really? On what factual information do you base this conclusion? Please do detail how this lawsuit is abusive on Apple's part.
Score: 15 Votes (Like | Disagree)

Popular Stories

iOS 16

Apple Releases iOS 16.4 With New Emoji, Safari Web Push Notifications, Beta Changes, Voice Isolation for Calls and More

Monday March 27, 2023 10:03 am PDT by
Apple today released iOS 16.4, the fourth major update to the iOS 16 operating system that initially came out last September. iOS 16.4 comes two months after the launch of iOS 16.3, an update that added Security Keys for Apple ID. iOS 16‌.4 and iPadOS 16.4 can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. It can take a few minutes...
iOS 16

iOS 16.4 Will Add These 8 New Features to Your iPhone

Sunday March 26, 2023 8:06 am PDT by
Following nearly six weeks of beta testing, iOS 16.4 is expected to be released to the public as soon as this week. The software update includes a handful of new features and changes for the iPhone 8 and newer. To install an iOS update, open the Settings app on the iPhone, tap General → Software Update, and follow the on-screen instructions. Below, we have recapped eight new features and...
apple mixed reality headset concept by david lewis and marcus kane

Some Apple Employees Seriously Concerned About Mixed-Reality Headset as Announcement Draws Closer

Sunday March 26, 2023 8:25 am PDT by
Some Apple employees are concerned about the usefulness and price point of the company's upcoming mixed-reality headset, The New York Times reports. Apple headset concept by David Lewis and Marcus Kane Initial enthusiasm around the device at the company has apparently become skepticism, according to eight current and former Apple employees speaking to The New York Times. The change of tone...
iOS 17 on Phone Feature

Gurman: iOS 17 to Provide Several 'Most Requested Features'

Sunday March 26, 2023 6:05 am PDT by
Apple changed the strategy for iOS 17 later in its development process to add several new features, suggesting that the update may be more significant than previously thought, Bloomberg's Mark Gurman reports. In January, Gurman said that iOS 17 could be a less significant update than iPhone updates in previous years due to the company's intense focus on its long-awaited mixed-reality...
apple tv 4k red image

Apple Releases tvOS 16.4 for Apple TV 4K and Apple TV HD

Monday March 27, 2023 10:00 am PDT by
Apple today released tvOS 16.4, the fourth major point update to the tvOS 16 operating system that came out last September. Available for the Apple TV 4K and Apple TV HD, tvOS 16.4 comes two months following the release of tvOS 16.3. The tvOS 16.4 update can be downloaded over the air through the Settings app on the ‌‌‌‌Apple TV‌‌‌‌ by going to System > Software Update....
Steve Jobs Theater dusk

Apple Reportedly Demoed Mixed-Reality Headset to Executives in the Steve Jobs Theater Last Week

Sunday March 26, 2023 5:53 am PDT by
Apple showcased its mixed-reality headset to the company's top 100 executives in the Steve Jobs Theater last week, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman explained that the "momentous gathering" is a "key milestone" ahead of the headset's public announcement planned for June. The event was intended to rally Apple's top members of...
Apple Music Classical

Apple Explains Why It Launched an iPhone App Dedicated to Classical Music

Monday March 27, 2023 8:54 pm PDT by
Apple today published a support document explaining why it decided to release a standalone Apple Music Classical app for classical music. In short, Apple says the app was designed to support classical music's complex metadata:Classical music is different. It has longer and more detailed titles, multiple artists for each work, and hundreds of recordings of well-known pieces. The Apple Music...
iPhone 15 Pro Buttons CAD Leak

iPhone 15 Pro Low-Energy Chip to Allow Solid-State Buttons to Work When Device is Off or Out of Battery

Wednesday March 29, 2023 1:54 am PDT by
The iPhone 15 Pro and Pro Max will use a new ultra-low energy microprocessor allowing certain features like the new capacitive solid-state buttons to remain functional even when the handset is powered off or the battery has run out, according to a source that shared details on the MacRumors forums. CAD-based render of new solid-state buttons on iPhone 15 Pro models The source of this rumor is ...