Late Monday, Apple applied to the court ex parte for an order granting them leave to obtain targeted discovery from Motorola Mobility for use in foreign litigations.
Apple seeks from Motorola copies of patent license agreements and related documents for use in foreign litigation between Motorola and Apple. The documents are directly relevant to disputed issues in the foreign proceedings and are in the possession of Motorola and the United States. The statute in question specifically authorizes the production of documents sought by Apple.
Motorola has filed lawsuits against Apple alleging Apple's products infringe patents that Motorola has declared essential to practice various telecommunications standards. Actions are pending in both the United States and abroad, including within the European Union. With this filing, Apple seeks documents from Motorola for use in foreign proceedings.
A disputed issue in the foreign actions concerns the terms and conditions under license agreements for patents and portfolios related to cellular and wireless communications. Apple has asserted as a defense to Motorola's infringement allegations that Motorola has offered to license its essential cellular communication patents on terms that are not reasonable and non-discriminatory, in violation of German and European antitrust laws. In support of its defenses to the actions filed by Motorola against Apple in Germany, Apple seeks narrowly-tailored discovery Motorola.
Specifically, Apple seeks documents relating to licenses Motorola has granted to third parties authorizing the third parties to practice some or all of the patents that have been asserted by Motorola against Apple.
Apple filed their application in the California Northern District Court in San Francisco. The presiding Judge in this case is noted as being Judge William Alsup
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