Google-rola agrees to license 3G-related patents to Apple in Germany

Google-rola agrees to license 3G-related patents to Apple in Germany:

Let's hope that the 3G in Germany provides more bars than AT&T in the United States.

Aurich Lawson

Google may be distancing itself from Motorola Mobility's previous claims that standards-essential 3G wireless patents are lethal "bullets" it can aim in the direction of its competitors. In particular, Motorola Mobility—now a Google-owned subsidiary—has admitted through court filings in US District Court that it has agreed to license its 3G-related patents to Apple in Germany, avoiding antitrust claims in a German Higher Regional Court.
Apple and Google (by dint of its ownership of Motorola Mobility) have been locked in an increasingly escalating dispute over the use of standards-essential 3G wireless patents in an attempt to gain injunctions against competitors' products. Companies that participate in setting standards like 3G wireless networking agree to license any patented technology on fair, reasonable, and non-discriminatory ("FRAND") terms. Apple has accused Motorola of asking for unreasonably high rates, in violation of its FRAND promise.
Apple has raised FRAND defenses against many of Motorola's lawsuits, including an ongoing dispute in the US. However, German case law requires certain conditions to be met before a FRAND defense is valid. Namely, a company must have made an offer to license the patents in question on FRAND terms and posted a bond for expected future royalties. Only if a patent holder then refuses the offer and sues can the FRAND defense be used.
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