Apple Litigates Motorola Mobility over Qualcomm License

It seems that lawsuits have become a regular practice in tech industry where companies have always been involved in accusing their competitors over infringement of patents and technologies every now and then. Apple has once again sued Motorola Mobility over their use of Qualcomm technology, reports Reuters. Apple has recently faced a ruling, forcing the company to remove some of its products from its German online store due to infringing on one of Motorola’s wireless patents.

In an attempt to counter-attack, the Cupertino-based company filed has filed a complaint against Motorola in a US court, accusing Motorola of breaching a contract related to their use of patent license and asks court to “enjoin Motorola from prosecuting and 4 enforcing its claims against Apple in Germany.”

The following excerpt is taken from Apple’s filing that tells the whole story of its new legal claim:

“This is a lawsuit asserting claims for breach of contract, declaratory, and injunctive relief related to Motorola’s European Patent No 1 010 336 (“the ’336 patent”) and the equivalent U.S. Patent No. 6,359,898 (“the ’898 patent”). Motorola has sued Apple in Germany, claiming infringement of the ’336 patent based on Apple’s use of Qualcomm components in Apple’s iPhone 4S product. Motorola’s German lawsuit is in direct breach of a Patent Licensing Agreement between Motorola and Qualcomm. As a Qualcomm customer, Apple is a third-party beneficiary of that contract.”

The idea behind suing Motorola Mobility is to claim that Apple also has similar sort of right to use Qualcomm’s baseband chips as well as other related components that Motorola uses. Through its lawsuit, Apple wants to send a message to the court to block Motorola from suing it in Germany over its use of Qualcomm’s products.

Both the companies have been involved in several legal battles in German courts from time to time over the last few months. What we have seen until now Motorola has an upper hand in this legal battle. However, such sort of litigations can certainly slow down the momentum of Motorola.

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