View this article at: http://www.electronista.com/articles/12/11/05/apple.could.still.choose.to.appeal.ruling/
Monday, Nov 05, 2012 3:38pm
Judge tosses Apple v. Motorola lawsuit
A US District Court in Wisconsin has thrown out a lawsuit filed by Apple against Google's Motorola division, Reuters reports. The case had actually been expected to go to trial today, and it's not yet known why it was rejected. Reuters says that it first heard word through a Google spokeswoman, who notes that the suit has been dismissed "with prejudice," meaning that Apple's only recourse at this point is an appeal.

At the heart of the dispute are some standards-essential wireless patents owned by Motorola, which Apple claimed weren't being licensed under fair terms. Last week the latter said it would be willing to accept a FRAND (fair, reasonable and non-discriminatory) licensing rate at or under $1 per iPhone. The Google spokeswoman, however, claims that "Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards."

"We remain interested in reaching an agreement with Apple," the person adds. The dismissal could potentially force Apple to pay for licenses on terms more favorable to Motorola, but at the same time, an appeal might allow Apple to keep the large profit margins it makes on iPhones.