Apple, last Friday filed the suit against the Motorola in the district court of US over the issues on Qualcomm chip being used in Apple iPhone 4S. The appeal has been made in the Southern District of California court and the issue is that iPhone makers are not making suit due to involvement of use of patented technology, rather they are filing case for breaching the contract with regards to Motorola own IP which is used in Qualcomm processor. Apple is now demanding court to bar the Motorola from suing Apple in Deutschland for using those chip in iPhone 4S.
The district court of US follows a ruling in Germany on Friday which has dismissed one of the general claims by Motorola regarding Apple using UMTS and 3 G wireless technology.
Apple says that Qualcomm already has paid to Motorola for the use of licenses and for its customers including Apple. At the matter of stake Motorola claim in Europe that Apple has infringed on their patent, replied to his Apple claim that Motorola declaration to ETSI was that the technology is essential for the practicing the GPRS standards which makes this matter a fair and reasonable.
Apple believes that parties who make the commitment for the license as per the standards have to follow the essential patent rules on FRAND terms and any kind of ignorance, evade and abuse of it is illegal and this has forced Apple to file law suit in the states.
In the earlier litigation brought up by Motorola against Apple in Germany last spring was on the GPRS related technology. Apple this January as appealed to court in reference to the case of iPhone 4S to cease the product selling due to infringing on Motorola patent.
This Friday Apple counter claim that the contract between the Qualcomm and Motorola includes the covenant which means infringement of the patented technology is a big question.
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