Next Event: Case Management Conference in October. All other deadlines are still to be determined.
Summary: Apple brings an action against Motorola seeking to prevent the enforcement of injunctions issued by German courts. Apple seeks to establish through declaratory judgment it is a third party beneficiary to a contract between Motorola and Qualcomm, and as such is shielded from patent infringement liability lawsuits initiated by Motorola.
Timeline of Important Events:
- February 10, 2012 – Apple files Complaint against Motorola Mobility, Inc. (Filing #1). Apple asserts breach of contract and declaratory judgment that Apple is a third party beneficiary to a contract between Motorola and Qualcomm and as a result has a right to use Motorola technology. Apple also requests declaratory judgment that Motorola’s patent rights are exhausted, and seeks to enjoin Motorola from patent infringement litigation. Finally, Apple seeks to enjoin Motorola from pursuing litigation against Apple in Germany.
- July 17, 2012 – Case dismissed with leave to amend (Filing #66). The court determined that the claims asserted by Apple were not ripe for adjudication.
- August 3, 2012 – Apple files Second Amended Complaint, asserting anticipatory breach of contract by repudiation and declaratory relief relating to Motorola’s licensing agreements with Qualcomm covering Motorola’s self-declared standard essential patents (Filing # 69).
- August 27, 2012 – Motorola files Answer (Filing # 75).