Apple has submitted a legal brief in which the company states six times that it has a 'general policy' against licensing its patents to competitors.
As Apple and Google (acting on behalf of its subsidiary Motorola Mobility) appeal against the dismissal of a patent lawsuit, Florian Mueller, over at Foss Patents, has obtained a copy of Apple's brief in the matter. He notes that the Cupertino company stresses one point over and over again: that it has a 'general policy' against licensing its patents to competing firms.
"Apple, which has a general policy against licensing its patents, presented evidence that Motorola was cutting into Apple's market share and diverting goodwill," the firm writes at one point in the brief.
"Apple presented evidence that it has a general policy of not licensing these patents," it adds elsewhere. And there are four more almost identically worded statements of this policy.
It appears that Apple is pushing the 'anti-licensing policy' angle because of a precedent set in the same appeals court in 2008. When assessing injunctive relief, the court named "Broadcom’s general policy of not licensing its patents and the harm that would ensue from a compulsory license to its most significant competitor" as a consideration.
Apple may calculate that a stated policy of non-licensing could add a zero or two to any damages it is awarded if the patent case goes its way.
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