Apple (NASDAQ:AAPL) wants to revisit its legal complaint against Google (NASDAQ:GOOG) unit Motorola that was dismissed by a Wisconsin district court in November. The iPhone maker has filed an appeal with the U.S. Court of Appeals for the Federal Circuit.
In November, Apple had agreed to license Motorola’s patents if the fair, reasonable, and non-discriminatory, or FRAND, terms determined a royalty rate below one dollar per device. However, the company appears to have had a change of heart in the new year.
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According to legal blog Foss Patents, Apple’s appeal could spell bad news for Motorola as it follows Google’s settlement with the U.S. Federal Trade Commission that bars the search company from seeking injunctive relief if FRAND rate-setting litigation is pending.
If the appeal is successful, the lawsuit suit will be sent back to the Wisconsin court. But even if it does not succeed, Apple may still be able to file a new FRAND determination action, which would bar Google from pursuing injunctive relief.
Foss Patents added that Apple’s appeal could also re-raise its antitrust claims that the Wisconsin court had dismissed on summary judgment in August last year.
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