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Apple appeals judge's decision to boot out its Moto patent suit

Filing prevents Googorola from trying to get product bans

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Apple is appealing a US judge's decision to throw out the fruity firm's patent case against Googorola.

The case over standards-essential patents (SEP) was expected to set a rate for fair, reasonable and non-discriminatory (FRAND) licences between the firms.

The case began on 29 October, 2010, when Apple filed suit against Motorola Mobility for patent infringement, 10 months before Google acquired the firm for approximately $12.5bn.

Apple said it was happy to have the court decide how much it owed Moto for wireless patents, but it said that it would only be bound by the court's decision if the royalty rate was no higher than $1.

Judge Barbara Crabb wasn't too happy with the fruity firm's stance, or its alternative proposal that it would build up evidence and then have a trial to set a rate for an SEP cross-licence either. She dismissed the case just hours before the trial was due to start.

On Friday, Apple filed notice with the court in Wisconsin that it intended to appeal Judge Crabb's position, a filing which also stops Google from trying to get any injunctions. As part of the Chocolate Factory's clean slate with the FTC, it can't attempt to procure bans on products if FRAND rate-setting litigation is already in motion. ®

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