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February 13, 2012

Apple targets Motorola Mobility in US over Qualcomm deal

The iPhone maker said it had never asserted a standard essential patent in litigation

By CBR Staff Writer

Apple sued Motorola Mobility in a US district court in an effort to block Motorola’s patent infringement claims against it in Germany.

Apple in the suit argues that Motorola’s German lawsuit against it breaches terms of a patent licensing agreement between Motorola and Qualcomm, according to Reuters.

As a Qualcomm customer, it is a third-party beneficiary of Motorola’s agreement with Qualcomm, argues Apple.

The company added that despite owning scores of standards essential patents, Apple had never asserted a standard essential patent in litigation.

The suit, filed in in the Southern District Court of California, states that Apple believes that parties who commit to license their standards- essential patents on FRAND terms have obligations they cannot ignore, evade or apply only prospectively after an abuse has occurred.

Meanwhile, Motorola said the company would continue to vigorously protect its intellectual property.

In December, Apple had to temporarily ban the sales of its iPhones and iPads, after a German court said that the devices infringed on Motorola-owned European Patent 1010336.

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