With the Apple-Motorola Mobility FRAND patent trial set to begin Monday at 1pm, Judge Barbara Crabb responded negatively to Apple’s stated willingness to enter into a licensing agreement with Motorola Mobility for the right to use the latter’s standards-essential patents, only if it didn’t have to pay more than $1 per Apple iPhone. The judge noted her thoughts in an “Opinion and Order” entered with the court on Friday. Judge Crabb does not want to order Motorola to make an offer to Apple if the Cupertino based firm is going to use that offer as a negotiating tool, and she now “believe[s] it would be inappropriate to grant Apple’s clarified request for specific performance”. She added that if ordering Motorola to make an offer to Apple would end all of the patent litigation or extended negotiations, she would have granted Apple’s request for specific performance, but “it is now clear that specific performance would not resolve those concerns”.
Judge Crabb is not happy with Apple