Apple Pushes for Clarification on Licensing of FRAND Patents - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Apple Pushes for Clarification on Licensing of FRAND Patents

Dow Jones Newswires reports that Apple filed a letter with the European Telecommunications Standards Institute (ETSI) last November pushing for clarification on how standards-essential patents are intended to be licensed. These standards-essential patents are currently required to be licensed under fair, reasonable and non-discriminatory (FRAND) terms in order to promote competition in the marketplace, but Apple claims that there is too much confusion in the industry about how such licensing should be handled.

Apple said in its letter--which was dated Nov. 11, but not previously disclosed--that the lack of clarity on what is fair, reasonable and nondiscriminatory has led many companies to ask unusually high rates and sue one another claiming they infringed on one another's patents.

"It is apparent that our industry suffers from a lack of consistent adherence to Frand principles in the cellular standards arena," wrote Bruce Watrous, Apple's intellectual property head.

Apple has requested that the ETSI set "appropriate" royalty rates for FRAND patents in the wireless industry in order to help companies compete on a relatively even field with a clearer understanding of the costs involved in competing in the market. The company has also requested that FRAND patents not be used as the basis for requests for injunctions that would remove products from the market, given that those patents are intended to be licensed and that any negotiation roadblocks are related to the details of that licensing.

Apple certainly has a vested interest in seeing simplified FRAND patent licensing terms, given that it was a relatively late entrant into the mobile phone industry where the vast majority of patents covering the basic technologies are owned by other companies. While Apple has primarily relied on claims of design infringement and specific user interface functionalities in its efforts to block smartphone sales by its competitors, it has been the target of lawsuits based on more fundamental inventions.

apple motorola logos
In one example, Apple briefly pulled all of its 3G-capable iOS devices with the exception of the iPhone 4S from its German online store last week in the wake of a victory by Motorola Mobility in the ongoing patent dispute between the two companies.

That injunction was quickly suspended pending Apple's appeal of the ruling, with Apple arguing that the patents in question are subject to FRAND licensing requirements that are not being met by Motorola. Apple claims that Motorola has "demanded" a royalty rate of 2.5% to license the patent, a figure that would have resulted in Motorola receiving roughly $1 billion from Apple in 2011.

Popular Stories

iPhone Duo Display Cracking

Apple Alerts Stores to iPhone Duo's Display Cracking Issue

Friday October 30, 2026 3:20 pm PDT by
In a memo shared with Apple Stores and Apple Authorized Service Providers this week, and later obtained by MacRumors, Apple provided technicians with guidance on how to diagnose and address the iPhone Duo's inner display cracking issue. If a customer reports the issue, Apple advised technicians to inspect the iPhone Duo and repair or replace it in accordance with their standard procedures....
Everything New Your iPhone Can Do on iOS 27

14 New Things Your iPhone Can Do in iOS 27.2

Friday October 30, 2026 12:42 pm PDT by
Apple released iOS 27.2 on October 26, bringing enhancements to Siri AI, adding Suggestions in Messages, and sneaking in a string of smaller additions across Photos, Podcasts, Games, Apple TV, and FaceTime. iOS 27.2 is available to download to your device now via Settings ➝ General ➝ Software Update. Note that some features may not be available in all regions or on all iPhone models....
iPhone Duo Week Later Thumb 2

iPhone Duo Review: One Week Later

Friday October 30, 2026 11:46 am PDT by
It's been a week since the iPhone Duo was released, and MacRumors videographer Dan Barbera wanted to revisit his review since he's been able to use the Duo for a longer stretch of time. Subscribe to the MacRumors YouTube channel for more videos. You've probably seen images of iPhone Duos with a bright white line running across one side of the inner display. There is a defect affecting some...

Top Rated Comments

192 months ago
One thing I don't understand is how the licensing fees aren't part of the chips built to use the standards (Qualcomm chips right).

How come the percentage is calculated on the total sum of the device?

Say Apple build its phones in gold and sapphire, the percentage due to the FRAND licenses owners shouldn't benefit from others design choices...

It should be like a constant fee, that why it would seem more logical for it to be part of the price of the components created to employ the standard.
Score: 17 Votes (Like | Disagree)
192 months ago
Why is still people using that absurd analogy?

Why is that absurd?

The iPhone has all sorts of functionality built into it beyond its ability to access wireless networks. You can build a 3G-enabled dumb phone for less than $30 in costs, whereas the iPhone has a BOM cost of more than $300 - most of which has to do with things like the touchscreen; camera; case; and battery. Why does Motorola take a whack at those costs?

The important thing about FRAND is that it implies the royalties be a) reasonable and b) non-discriminatory. Motorola basing their demands on the cost of the entire device essentially discriminates against manufacturers who put extra functionality into their products. Thats what stifles innovation.
Score: 16 Votes (Like | Disagree)
nagromme Avatar
192 months ago
This isn’t the latest info, but as of about a year ago, Apple was the most-sued tech company—and that wave of attacks on Apple began with the iPhone in 2008:

http://www.tomshardware.com/news/lawyers-lawsuit-legal-steve-jobs,11721.html

So Apple’s the bully?

Of course, the number of suits isn’t important, it’s the merits. Hard to judge for armchair lawyers (who exactly was sued for nothing more specific than a “rectangle”?) but:

1. Are others abusing FRAND to attack Apple? If so, that’s wrong.

2. Did others re-use designs (and more importantly, underlying tehcnologies—it’s not just about cloning looks) that were never seen on Earth before Apple? Is that somehow mere coincidence or is it others profiting from Apple’s work?

3. If Apple’s designs are the “only way” to make a tablet/phone/touch OS/whatever, then why were they never seen before the iPhone/iPad?

4. Everyone copies/borrows, and that’s often a good thing. But is any amount of copying always OK, or is there a limit to what Apple should accept, if they have legal grounds?

5. Did Apple in fact invent some useful things with the iPhone? Would Android devices truly exist in anything like their current form without Apple to copy? (Android started as a BlackBerry clone, a heritage still seen in sluggish graphical performance.)

6. Did Apple really create the current business reality (which is nothing new) where companies use IP against each other? Could they choose not to play the game and just sit back and let themselves be sued, or do they have to play the game the same as their competitors?

And most importantly:

7. Wouldn’t we love to see the innovations and choice that would happen if more companies innovated, and fewer copied Apple? What if Samsung, for instance, was like Microsoft/Metro? Instead of parroting Apple right down to the packaging, the charging brick, and the me-too addition of white faceplates, we’d have something more unique/new in the market! Isn’t THAT a better kind of competition?
Score: 15 Votes (Like | Disagree)
gnasher729 Avatar
192 months ago
That guy is making a tablet and it's a rectangle! SUE THIS GUY TO OBLIVION.

Nobody has ever been sued for making a tablet that is a rectangle. There are plenty of people making that ridiculous claim, but that doesn't make it true.
Score: 15 Votes (Like | Disagree)
Kaibelf Avatar
192 months ago
Why is still people using that absurd analogy?

People "is" making a sound analogy there. Motorola isn't entitled to a certain percentage of a finished product, they are entitled to a flat fee like everyone else, especially with FRAND.
Score: 14 Votes (Like | Disagree)
192 months ago
One of the most important arguments raised in Apple's letter is the call for a common royalty base.

Motorola (and Samsung) are basing their demands for royalties on the cost of the entire device, not just the part that utilizes their communications functionality. This is absurd. Are they going to ask for 2.25% of the cost of a $60,000 automobile that has an on-board navigation and computer system?

People make all sorts of claims that Apple is guilty of "stifling innovation." If anyone is guilty of such behavior it is the Samsungs and Motorolas of the world.
Score: 12 Votes (Like | Disagree)
Latest Stories
Apple HomeView Could Double as a Security Camera
Apple HomeView Could Double as a Security Camera
1 hour ago
Apple Launching Five New Products This Friday
Apple Launching Five New Products This Friday
2 hours ago
Nearly Every M5 MacBook Air Now $200 Off on Amazon
Nearly Every M5 MacBook Air Now $200 Off on Amazon
17 hours ago
Apple's HomeView Ships With Six-Month-Old Software
Apple's HomeView Ships With Six-Month-Old Software
19 hours ago
Three New iPads Rumored to Launch in First Half of 2027
Three New iPads Rumored to Launch in First Half of 2027
20 hours ago
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
23 hours ago
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
2 days ago
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
2 days ago
Here's a New Tour of Apple's HomeView Software
Here's a New Tour of Apple's HomeView Software
2 days ago
Apple Reveals New iPad Mini's Battery Capacity
Apple Reveals New iPad Mini's Battery Capacity
2 days ago
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
2 days ago
'Pluribus' Season 2 Reportedly Starts Production Today
'Pluribus' Season 2 Reportedly Starts Production Today
2 days ago
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
2 days ago
HomeView Software 27.2: Wallpapers, Control Center, and More
HomeView Software 27.2: Wallpapers, Control Center, and More
2 days ago
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
3 days ago
iOS 27.3 Will Enable These Apple Intelligence Features in China
iOS 27.3 Will Enable These Apple Intelligence Features in China
3 days ago
Apple Says iOS 27.3 Beta Coming Next Week
Apple Says iOS 27.3 Beta Coming Next Week
3 days ago
Apple's Flash Storage Suppliers Are Finally 'Getting Their Revenge'
Apple's Flash Storage Suppliers Are Finally 'Getting Their Revenge'
3 days ago
14 New Things Your iPhone Can Do in iOS 27.2
14 New Things Your iPhone Can Do in iOS 27.2
3 days ago
iPhone Duo Review: One Week Later
iPhone Duo Review: One Week Later
3 days ago
Samsung Mocks iPhone Duo Display Cracks in New Ad Campaign
Samsung Mocks iPhone Duo Display Cracks in New Ad Campaign
3 days ago
The MacRumors Show: OLED MacBook Pro, iPad Mini 8, and More
The MacRumors Show: OLED MacBook Pro, iPad Mini 8, and More
3 days ago
MacBook Pro With Touch Display: 15 More Details Revealed
MacBook Pro With Touch Display: 15 More Details Revealed
3 days ago
Russia Places Apple on State Surveillance Registry
Russia Places Apple on State Surveillance Registry
3 days ago
Halloween Weekend Brings Discounts on Apple Accessories and Pre-Orders
Halloween Weekend Brings Discounts on Apple Accessories and Pre-Orders
3 days ago
Apple Has Released More Than 25 New Products in the Past Two Months
Apple Has Released More Than 25 New Products in the Past Two Months
3 days ago
Local Code Launches as Free, Private AI Assistant Tool for Mac
Local Code Launches as Free, Private AI Assistant Tool for Mac
3 days ago
Apple Acquires Ascend.io
Apple Acquires Ascend.io
3 days ago
HomePod Mini 2 Launches Today: All the New Features
HomePod Mini 2 Launches Today: All the New Features
3 days ago
AirTag 2 4-Pack Drops to New Low Price of $69.99
AirTag 2 4-Pack Drops to New Low Price of $69.99
3 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors