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.