Remember how we thought Apple was being cocky by evaluating the worth of Motorola patents at less than $1 per iPhone? Apparently Judge Crabb agrees with us! She dismissed the lawsuit filed by Apple against Motorola over royalties of standards-based patents.
While we would love to claim, however unethical that might seem, that Judge Crabb is secretly an Android fan who believes like the rest of us that the Motorola Nexus can change the future of the company; she actually has a rock solid reputation for being very solution-oriented.
She certainly seemed inclined towards a fair trial just days earlier. Had she been convinced that Apple really was seeking a fair solution she would have gone ahead with a trial and would have been driven to successfully conclude the Motorola’s SEP Assertions against Apple.
The case fell apart when Apple proposed a two way forward plan – one which included that the court agree with its evaluation of the patents at less than $1 per phone and the second one which said Apple would go to trial after building an evidentiary record for 6-9 months to set a rate for SEP cross license.
Apple does seem to know how to put its own foot in the mouth. Judge Crabb uncertain of Apple’s intent not only dismissed the lawsuit but also put a ban on Apple from filing over the same dispute in any of the US courts unless it first wins an appeal.
Of course Apple has every intent of filing an appeal and hopes to win it. But we hope they wait it out. Their legal luck seems to be running out on them this year.
Having said that, Motorola has had its share of legal setbacks and this breather should be an opportunity for them to tread more carefully.
