Apple has sued Motorola Mobility in a California court and asked for court's intervention to prohibit Motorola from filing lawsuits against it in the future over the use of Qualcomm chips in its products.
Motorola Mobility had subjected the Apple iphone 4S to a patent infringement lawsuit in Germany. Apple is highly apprehensive of Motorola's possible repetition of its move in the U.S. also. Apple executives are of the opinion that Motorola has no right to file any litigation against Apple, as far as the iPhone 4S is concerned. This because, Motorola's accusation, citing Apple's infringement of the company's European Patent No. 1010336 (‘336 patent), in a way violates the patent licensing agreement which Motorola holds with Qualcomm.
The Apple executives clearly state that, Motorola does not possess any right on the ‘336 patent, as stated by the terms and conditions of the contract it holds with Qualcomm - i.e. that once a patented technology is licensed to a third-party and then sold in a product that the original patent holder cannot sue for infringement reports ZDNet.
Motorola justifies its litigation by saying that unless Apple infringes on the ‘336 patent it is virtually impossible to comply with the European Telecommunication Standards Institute's (ETSI) existing GPRS (General Packet Radio Service) standards.
Apple on the other hand opted for a critical tone by highlighting Motorola's double standard approach. According to Apple, Motorola has failed to maintain its mobile patents on FRAND (fair, reasonable and non-discriminatory) standards, given its rising international campaign of litigation.
According to Florian Mueller, countries like Germany may put a stay onto the patent infringement claims until the US court has given its verdict on Apple's claims.
Find Apple's filing here.