Apple is now allowed to use part of Googlorola’s standard-essential patents in Germany, as the two parties have reached a license deal, with the license fees now being subject to court approval. Florian Müller, intellectual property expert of Foss Patents, believes this step is a significant development, as Googlorola now has to rely on non-standard-essential patents in its ongoing litigation against Apple in Germany.
Interestingly, the agreement wasn’t revealed in Germany first, but in the US District Court for the Southern District of California. However, the license terms are yet to be decided by the court, unless the parties reach an agreement before the end of August.
"48. Apple has made an offer to license Motorola's declared cellular standards-essential patents from Motorola for the purpose of selling products in Germany. In light of Motorola's obligation to license these patents on FRAND terms, the Higher Regional Court of Karlsruhe has determined that Motorola must accept Apple's licensing terms or be in violation of German antitrust law. Accordingly, given the requirements of German law and the ruling of the Higher Regional Court of Karlsruhe, the question of liability is no longer an issue in Germany, although the parties will continue to litigate the amount of damages Apple must pay Motorola for the past infringement Motorola alleges and the amount of a FRAND license."
The news comes after the ITC (US International Trade Commission) completed a review of Googlorola’s patent infringement complaint filed against Apple. The agency has found no evidence of violation, and since Googlorola sought an iPhone and iPad import ban, this match has ended in a loss for the father of Android. Meanwhile, they filed another complaint, claiming Apple’s iPhone and iPad infringe seven Motorola patents.Contact Us for News Tips, Corrections and Feedback