The companies have been unable to agree since the expiry of a
cross-licensing agreement which ended in 2003.
RIM claims that Motorola is using technology over which it has
patents in its devices. It also claims that Motorola is demanding
excessive licensing fees for technology that RIM wants to use but
which is patented by Motorola.
In turn, Motorola is suing RIM for patent infringement. It
claims that RIM's technology infringes parts of seven of its
patents relating to mobile phone technology.
Motorola said in its court case filing that it seeks a judgment
"permanently enjoining [RIM] from further acts of infringement,
contributory infringement or inducement of infringement of the
asserted patents unless and until licensed under the asserted
patents by Plaintiff".
Motorola has asked for unspecified compensatory damages and
wants the damages trebled in six of its seven claims. Damages can
be trebled in patent infringement cases when the infringements are
found to be willful. Motorola has also asked that any trial be
conducted in front of a jury.
RIM told Reuters news agency that it had filed a law suit itself
alleging patent infringement and claiming that Motorola has raised
its patent licensing charges to unreasonable levels.
Motorola's handset business is losing money, and it was recently
considering a sell-off of that part of the company, though it has
now decided to retain it.
According to Reuters, the RIM law suit claims that Motorola is
raising its licensing fees to compensate for losses in the handset
business.
Cross-licensing in the mobile phone technology world has become
thorny and litigious. Nokia and Qualcomm have been locked in an
increasingly bitter patent battle over the use of each other's
technology for over two years.
