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From: Bill Wolf	2/10/2012 3:49:57 PM
	2 Recommendations of 117506

Apple Sues Motorola Mobility Over Qualcomm License By REUTERS (Reuters) - Apple sued Motorola Mobility in a U.S. court on Friday in an attempt to stop Motorola from asserting some patent claims against Apple in Germany, according to the lawsuit. The suit, filed in a San Diego federal court, argues that Motorola's German lawsuit against Apple breaches terms of a patent licensing agreement between Motorola and Qualcomm. Representatives for Apple, Motorola and Qualcomm could not immediately be reached for comment. Apple and Motorola are engaged in global patent litigation, part of a broader legal fight over the smartphone market with billions of dollars at stake. In the latest lawsuit, Apple says that as a Qualcomm customer, Apple is a third-party beneficiary of Motorola's agreement with Qualcomm. Under that agreement, Motorola's rights under certain patents are exhausted, Apple argues. The case in U.S. District Court, Southern District of California is Apple Inc. and Apple Sales International v. Motorola Mobility Inc., 12-cv-355. (Reporting By Dan Levine; Editing by Bernard Orr) nytimes.com

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To: slacker711 who wrote (109475)	2/10/2012 4:32:00 PM
From: The_Net	of 117506

Apple sues Motorola Mobility over Qualcomm license By Dan Levine Fri Feb 10, 2012 3:50pm EST (Reuters) - Apple sued Motorola Mobility in a U.S. court on Friday in an attempt to stop Motorola from asserting some patent claims against Apple in Germany, according to the lawsuit. The suit, filed in a San Diego federal court, argues that Motorola's German lawsuit against Apple breaches terms of a patent licensing agreement between Motorola and Qualcomm. Representatives for Apple, Motorola and Qualcomm could not immediately be reached for comment. Apple and Motorola are engaged in global patent litigation, part of a broader legal fight over the smartphone market with billions of dollars at stake. In the latest lawsuit, Apple says that as a Qualcomm customer, Apple is a third-party beneficiary of Motorola's agreement with Qualcomm. Under that agreement, Motorola's rights under certain patents are exhausted, Apple argues. The case in U.S. District Court, Southern District of California is Apple Inc. and Apple Sales International v. Motorola Mobility Inc., 12-cv-355. (Reporting By Dan Levine; Editing by Bernard Orr) reuters.com

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To: Bill Wolf who wrote (109478)	2/10/2012 4:35:11 PM
From: slacker711	1 Recommendation of 117506

Figured it was worth a few bucks for a little reading on a Friday afternoon :-). I speed read it so take it with a grain of salt. Here is a quote from the complaint. Qualcomm has informed Apple that Qualcomm has already paid Motorola for the licenses and covenants for Qualcomm and its customers, including Apple. From what I can gather, Q does have pass-through rights, or at least a non-assert clause for Q's customers. However, there is a "Defensive Suspension" provision. I assume that if Motorola gets sued first by an Apple customer that they can assert this clause. So the timeline goes like this. Motorola sues Apple in Oct 2010. Apple countersues a few days later. Motorola contacts Qualcomm in Jan. 2011 and asserts the Defensive Suspension provision and tries to terminate the pass through rights. Note that Apple wasnt a Qualcomm customer when the first lawsuit was filed. Qualcomm responds that the provision doesnt apply and that Motorola cant suspend Apple's rights. In January 2012, Motorola asserts that the iPhone 4S is subject to their existing patent suit in Germany. Apple demands to see the contract between Q and Motorola. We now have the lawsuit filed today. Slacker

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