Florian Mueller for FOSS patents:
The most interesting economic information is that Motorola, according to the brief, “demand[s] that Apple take a license at a rate that was more than 12 times what Motorola was charging other licensees for the same technology–a rate that was unfair, unreasonable, and decidedly discriminatory”. The public version of the brief obviously does not contain any such thing as a list of various Motorola license deals. But it becomes clearer and clearer that Motorola’s 2.25% demand is unrealistic and not supported by the deals it actually concluded. Apple says that the demand, corresponding to about $12 per iPhone, “was more than 12 times what Apple was already paying to license Motorola’s SEPs”, apparently referring to what Apple was paying indirectly through the use of Motorola-licensed baseband chips.
From Apple’s opening brief in this appeals case:
Motorola has sued Apple in various forums for infringement of eight SEPs (presumably, its eight strongest SEPs) and is batting 0-for-8 in establishing liability in U.S. actions.
Don’t be evil, Google.