Apple Tells Court They Would Be Willing To Pay $1 Per iPhone To Motorola

Posted Nov 1, 2012

Apple appeared in front of a U.S. District Court for the Western District of Wisconsin.  They told the judge that they would be willing to pay Motorola Mobility $1 per iPhone sold to continue to use Motorola’s patents.  Apple wants the court to set several of Motorola’s patents to FRAND (fair, reasonable and non-discriminatory) licensing.

If the court rules that the FRAND status, Apple promised that they would appeal the decision and examine all other options made possible.

Apple made the ultimatum after Motorola filed a motion for clarification five days ahead of the scheduled patent infringement court case.  Motorola’s only expert was unable to testify a set licensing rate at the time of the trial and has not given an idea of what the rates may average.

Apple said that they will show a copious amount of real-world evidence at the trial next week that showcases real-world pricing based on ?Motorola?s contemporaneous licenses ? that establishes a ceiling for the FRAND rate Motorola could charge Apple for Motorola?s worldwide portfolio.?

Motorola requested a German court to set the FRAND rate after the company won a lawsuit in that region.  Apple had asked that the Motorola lawsuit in Wisconsin be used to establish the worldwide rate for Motorola’s FRAND licensing.