Apple Wins in a German Appeals Court – Motorola Asked to Accept Revised Licensing Terms

Posted by at 11:03 am on February 27, 2012

Apple has won a ruling in a German appeals court, undoing a temporary ban secured by Motorola on some iPhone and iPad models in the country, according to Bloomberg. The court says that Motorola must accept a recently-revised licensing offer from Apple. “At the current state of the proceedings, it is to be assumed that Motorola Mobility would violate its duties under antitrust rules if it continues to ask Apple to stop the sales,” a court statement reads.

At the heart of the matter is a “standard essential” patent, defined as a patent that companies are required to license to competitors since they can’t produce their products without it. Apple first made a petition to the appeals court in January, but at the time the institution ruled that the licensing terms Apple was offering weren’t sufficient. The decision backed up opinions expressed in a December ruling, made in a lower court in Mannheim, which resulted in the initial ban.

While Apple has yet to actually win the appeal, today’s ruling is seen as improving its odds. Apple has also filed a complaint with the European Union accusing Motorola of failing to license standard patents on fair terms.

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