Today, Motorola Mobility filed a reply brief in support of its efforts to dismiss Apple’s Federal Circuit FRAND appeal (or at least transfer it to the 7th Circuit Court of Appeals). As you’ll recall, a few weeks ago, Motorola filed a unique motion to dismiss Apple’s appeal, claiming the Federal Circuit lacked jurisdiction because (for more info, see our original post on Motorola’s motion). Apple filed an opposition, asserting that the case was properly appealed to the Federal Circuit. In its relatively short reply, Motorola targets two particular assertions that Apple claims vest the Federal Circuit with jurisdiction: (1) that Apple’s declaratory judgment complaint was filed “in response” to a hypothetical complaint of patent infringement; and (2) that the dismissal of certain Apple claims without prejudice does not divest the Federal Circuit of jurisdiction.
Continue Reading Apple, Motorola continue fight over Federal Circuit FRAND jurisdiction: Motorola’s Reply Brief