Apple v Motorola patent battle hots up in Europe and the US

iPhone maker Apple has asked the European Commission to intervene in its long-running patent dispute with smartphone manufacturer Motorola Mobility.

Apple asked the commission to step in as it believes that Motorola Mobility is enforcing standards-essential patents against it.

The complaint was revealed in Motorola Mobility’s Form 10-K annual report, which was filed on February 17. Apple alleges that Motorola Mobility is in breach of its Fair, Reasonable and Non-Discriminatory commitments by enforcing patents that are essential to the smartphone industry.

Apple has presented similar arguments in other jurisdictions. In the US District Court for the Western District of Wisconsin, Apple is seeking declaratory judgments that Motorola Mobility’s licence offers, which are reported to be at a 2.25 percent royalty rate, involve standards-essential patents and have not been on reasonable and non-discriminatory terms and conditions.

Apple has recently achieved a victory over Motorola Mobility in Germany. A court ruled that a ‘slide-to-unlock’ feature in certain Motorola Mobility smartphones that are sold in Germany infringed Apple’s European patent for a similar feature in its iPhones.

Motorola Mobility said that it has already implemented a new design for the feature and that the ruling will not affect its current supply of smartphones and future sales in Germany.

Google’s acquisition of Motorola Mobility has been given regulatory approval in the US and the EU. The US Department of Justice (US DoJ) and the European Commission both approved the deal. The US DoJ said that it will be ensuring that essential patents are licensed fairly.