The Apple-Motorola Mobility FRAND patent trial will begin on Monday at 1pm, Judge Barbara Crabb didn't like Apple's stated willingness to enter into a licensing agreement with Motorola Mobility for the right to use the latter's standards-essential patents, only if it didn't have to pay more than $1 per Apple iPhone.
The judge noted her thoughts in an "Opinion and Order" entered with the court on Friday. Judge
Crabb does not want to order Motorola to make an offer to Apple if the Cupertino based firm is going to use that offer as a negotiating tool, and she now "believes it would be inappropriate to grant Apple's
clarified request for specific performance".
She added that if ordering Motorola to make an offer to Apple would end all of the patent litigation or extended negotiations, she would have granted Apple's request for specific performance, but "it is now clear that specific performance would not resolve those concerns". Apple didn't help its cause by using a 'blackmail' type approach to the $1 rate it tried to force on Motorola and the court. Apple should have guessed that judges don't like being forced into doing anything. We recommend that Apple's attorneys watch a few episodes of Judge Judy to learn that. A similar statement was made in the Microsoft-Motorola Mobility FRAND case which is going to trial on November 13th. In that case, Judge James Robart told both sides to stop using the court "as a pawn in a global, industry-wide business negotiation".
The judge noted her thoughts in an "Opinion and Order" entered with the court on Friday. Judge
Crabb does not want to order Motorola to make an offer to Apple if the Cupertino based firm is going to use that offer as a negotiating tool, and she now "believes it would be inappropriate to grant Apple's
clarified request for specific performance".
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| Judge Crabb is not happy with Apple |
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