Apple, in a complaint filed yesterday in federal court in San Diego, said that Motorola’s German suit is based on states that Apple’s use of Qualcomm Inc. components in the iPhone4S violates Motorola’s European patent. The German suit, Apple asserts, is a breach of a patent-licensing agreement between Motorola and Qualcomm.
Apple said in the complaint that “As a Qualcomm customer, Apple is a third-party beneficiary of that contract.” Apple asked the court to block Motorola’s ensemble in Germany.
Motorola Mobility Holdings is a maker of handsets and set- top box devices that work with televisions based in Libertyville, Illinois. The company has triumph two rulings against Apple in Germany, and yesterday futile to triumph a third in a patent case concerning the use of mathematical succession in mobile telecommunications.
The Regional Court in Mannheim abandoned the suit, ruling Motorola Mobility didn’t show that Apple is infringing the patent. More cases between the two are pending in German courts, comprising a bid by Motorola Mobility to impose its first triumph from December, which forced Apple to temporarily remove some older iPhones and iPad models from its online store in Germany preceding week.