Motorola was dealt a setback in its patent battle along with Apple today after a judge dimissed 1 of 2 patents Motorola was attempting to claim against Cupertino. As reported by patent blogger Florian Mueller, Chicago district Judge Richard Posner dismissed a Motorola patent that covered a “method for making preamble sequences in a code division various access system.”
As per Motorola, that patent is a standards important one, or integral to the operation of 3G gadgets. As Mueller mentioned, Motorola is now down to one patent that it can claim against Apple – it initially charged Cupertino over six. The remaining patent covers data packet transfer technology (GPRS), which Motorola effectively asserted against Apple in a German court back in Dec. Motorola didn’t instantly react to a request for comment. 4 of the Fifteen patents Apple initially asserted in its case are still in play, Mueller mentioned.
“As per its own report that ‘it only takes one bullet [i.e., standard-essential patent] to kill,’ Motorola would still be in a position to achieve its targets with the sole remaining patent,” Mueller said. “But it will then depend totally on the jury’s assessment of its claims with respect to a single patent. This is a risk. And even if it prevails, there will be a FRAND test.”
FRAND licensing responsibilities – or fair, sensible and non-discriminatory – are designed to keep major companies in check and avoid violent patent-related behavior. Generally, if a corporation holds a patent on a technology that’s necessary to a particular sector, they should make every effort to permit that concept, even to main rivals.