Following a brief injunction in the Motorola patent case forcing Apple to remove products from its German online store, a judge shortly after suspended the injunction and Apple claimed it would appeal the court’s original decision “because Motorola repeatedly refuses to license this patent to Apple on reasonable terms.” So, what were the terms of Motorola’s license agreement that Apple considered unreasonable?
Foss Patents reported earlier that court documents revealed Motorola was requesting an approximate 2.25-percent royalty from Apple, and today The Wall Street Journal confirmed the number, which would represent over $1 billion in iPhone sales during 2011. The proof comes from a letter dated Oct.17 and filed with a California court, although it does not list specific devices that would be affected. WSJ reported lawyers see the high royalty request as a way to “force a settlement or disrupt business,” and Foss Patents said Motorola likely wants Apple to deny the request so it can seek injunctions. In comparison, Microsoft is now collecting an approximate $5 royalty on over 70 percent of all Android smartphones sold in the United States, accounting for 2 percent of a $250 device. Likewise, Oracle is after $1B from Google over Java patents.
- Patent wars: Motorola wins European sales injunction on Apple’s iOS devices (9to5google.com)
- Motorola German patent win bans online sale of Apple 3G devices (9to5google.com)