Apple has argued that Motorola’s demands for licensing fees are excessive, and that the company has not adhered to FRAND rules that insist upon a reasonable rate. To try to prove that, Apple is seeking information on how much other smartphone companies pay Motorola for the same patents, filing discovery motions in late January for details from Nokia, HTC, LG Electronics and Ericsson (though the latter was subsequently voluntarily dismissed).
According to new documents revealed in which it is mentioned that href=”http://www.motorola.com/” rel=”homepage” target=”_blank” title=”Motorola”>Motorola had wanted a 2.25 percent royalty on Apple product sales as its attempt at a FRAND (fair, reasonable, and non-discriminatory) patent licensing offer. Florian Mueller, who unearthed the details, saw it as likely an excessive rate given that Apple wouldn’t only be licensing from Motorola and that it could significantly raise the price of selling an href=”http://www.apple.com/iphone” rel=”homepage” target=”_blank” title=”iPhone”>iPhone or 3G href=”http://www.apple.com/ipad/” rel=”homepage” target=”_blank” title=”iPad”>iPad.
Nonetheless, if Apple can prove Motorola has been unfair in its request then it could not only escape the injunction issued by the German courts last December, but land Motorola in hot water with the European Commission.