Apple wants new rules for mobile patents

Apple has asked a European standards body to set new rules on how essential patents are licensed in the mobile industry.

The iPhone maker sent a letter to the European Telecommunications Standards Institute (ETSI) in November requesting member companies to set reasonable royalty rates and terms on patents related to essential mobile-device functions. The Wall Street Journal was first to report on it.

Apple is currently embroiled in bitter patent disputes with a host of companies around the world, with each side claiming the other violates patents they hold. Chief among its adversaries is Samsung, which happens to be one of the ETSI member companies. Apple's other patent foe, Motorola, is also a member of ETSI. Both Samsung and Motorola hold essential patents relating to mobile standards, and the iPhone maker has claimed in the past that they don't offer them on a reasonable basis.

According to ETSI standards, companies that hold patents that become industry-wide standards must offer them to any and all competitors on a fair, reasonable and non-discriminatory (FRAND) basis.

FRAND hit centre stage last week when Apple lost a German court battle after a judge ruled that the iPhone and the iPad violated 3G patents held by Motorola Mobility. Although the ruling banned Apple's mobile devices from store shelves, Apple was able to bring them back after claiming that Motorola violated FRAND standards.

"Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry-standard patent seven years ago," Apple told ZDNet Australia's sister site CNET.

Alleged FRAND abuse has also become an issue for Samsung. Late last month, the European Commission announced that it had launched a formal investigation into whether Samsung had used key wireless patents as an anti-competitive tool in violation of its commitment to the ETSI. At the time, FOSS Patents' Florian Mueller, who has been keeping a close eye on the lawsuits, said that Apple might have informally complained to the EC back in November, when it launched its preliminary investigations. As noted, the letter that the Journal discovered yesterday was written in November, as well.

In that letter, Apple argues that "appropriate" royalty rates must be set by the ETSI. The company has also asked the ETSI to ban patent holders from using their FRAND intellectual property in infringement cases.

However, a simple letter to the ETSI doesn't mean that anything will change. But it clearly illustrates that FRAND is a concern for Apple.

Via CNET