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Old 12-12-2011, 10:20 PM   #1
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[Techpowerup.com] Motorola Breaks Through Apple's FRAND Defense in Germany

In a development that threatens to prevent Apple's European sales arm from selling 3G-enabled iPad and iPhone products, Motorola Mobility won an injunction against it in Germany. On the table was a key Motorola patent related to cellular data transmission, which is part of wireless data transmission standards that are obstructed by an agreement to license it on "fair, reasonable, and non-discriminatory" (FRAND) terms.

Motorola claimed that Apple was infringing this patent, to which, Apple responded by putting up a FRAND defense (counter-accusing the patent-holder of not being fair/reasonable/non-discriminatory with licensing a patent that makes up an industry standard. The court ruling in Germany stated that raising a FRAND defense against standards-essential patent infringement claims could be a difficult proposition, and may force Apple to accept Motorola's licensing terms-FRAND or not-for "past infringement." Apple won similar FRAND defenses against Samsung, in the past, in other European countries such as The Netherlands and France.

Source: ars technica

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