Motorola Mobility (NYSE:MMI) initially wanted Apple (NASDAQ:AAPL) to license its entire patent portfolio to get access to Motorola's standards-essential wireless patents, according to what Apple told European Union regulators. The negotiating tactic was part of wide-ranging discussion the two companies had late last year to ink a patent cross-licensing settlement, according to an EU document.
"Apple also argues that its refusal to accede to this demand led Motorola Mobility to sue Apple in an attempt to exclude Apple's products from the market," according to the EU document, published March 9 on the EU website.
The document, which was part of the EU's regulatory review of Google's (NASDAQ:GOOG) $12.5 billion acquisition of Motorola, also reveals that Apple and Motorola discussed the "scope of any potential settlement" following Motorola's sale to Google. According to the document, the talks between Apple and Motorola centered on a way to license each others' patents "possibly to the benefit of all smartphone makers using Google's Android platform.
A Motorola spokeswoman declined to comment, according to Bloomberg, and Apple representatives could not immediately be reached for comment.
Apple and Motorola have sued each other in both the United States and Europe over patent infringement. Apple also filed a complaint with the EU after it said Motorola refused to license its essential wireless patents on what are known as FRAND terms--fair, reasonable and nondiscriminatory.
Earlier this month the Wall Street Journal reported, citing unnamed sources, that Apple offered both Motorola and Samsung a way out of their respective ongoing patent litigation fights by licensing some of Apple's patents. According to the Journal article, Apple asked for between $5 and $15 per handset for some of its patents in one negotiation with Motorola, or roughly 1 percent to 2.5 percent of net sales per device. Motorola last year "demanded" that Apple pay it a royalty fee of 2.25 percent for some its essential wireless patents, according to a court filing made in California in January.
- see this EU filing (PDF)
- see this Bloomberg article
- see this Reuters article
- see this AllThingsD article
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