Reuters reports that Apple has filed a court action against Motorola Mobility claiming that Motorola has breached a licensing contract with Qualcomm in its efforts to have a number of Apple’s iOS devices banned from sale in Germany.
Pursuing a December victory by Motorola in a German court, Apple last week quickly pulled all 3G-enabled items with the exception of the iPhone 4S from its German online shop. They were restored within a few hours after the injunction was stopped.
Today’s lawsuit particularly address the iPhone 4S, which Motorola has also been looking for to block in Germany and other countries. The iPhone 4S takes advantage of Qualcomm’s MDM6610 baseband chip, and Apple claims that Qualcomm’s patent license with Motorola exhausts Motorola’s rights to further royalties from Apple.
The suit, filed in a San Diego federal court, argues that Motorola’s German lawsuit against Apple breaches terms and conditions of a certain licensing contract between Motorola and Qualcomm. […]
In the newest lawsuit, Apple says that as a Qualcomm consumer, Apple is a third-party beneficiary of Motorola’s contract with Qualcomm. Under that contract, Motorola’s rights under specific patents are exhausted, Apple argues.
Apple has brought up this issue before, possibly most notably in defending itself against New samsung in Australia where it equally claimed that Apple is secured from attacks based on these patents related to core cellular technologies by virtue of Qualcomm’s certification agreements.
Motorola and Samsung are did not agree with Apple on that front, and Apple is now pressing the topic with a lawsuit of its own particularly addressing the issue as it relates to Motorola’s efforts in Germany.