Motorola launched a major offensive earlier when it had filed that Apple was misusing FRAND patents. So far, things have seemed quite promisingly in favor of Motorola when Apple was briefly barred from selling certain products in Germany. However, Apple is now working hard to be back in the game by countering this offensive by an aggressive counter-strategy.
Apple has now field a case against Motorola in which Apple has claimed that Motorola has breached a contract of a patent license regarding Qualcomm technology. Motorola’s original claim is that Apple is illegally using the Qualcomm baseband chip. Now Apple has demanded in it’s suit that this is a false claim by Motorola and that the court should enjoin Motorola to stop this action against Apple. According to Apple,
“Permanent injunctive relief restraining Motorola and its subsidiaries, affiliates, officers, directors, agents, employees, servants, licensors, successors, assigns, and all those acting in concert with them, from prosecuting patent infringement proceedings against Apple based on Apple’s use of the Qualcomm MDM6610 chip and other Qualcomm components licensed under Motorola patents in any forum other than this Court”
Apple’s aggressive response is understandable because Motorola is attempting to have the sales of Apple’s 3G devices banned in Germany.