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"&amp;lt;vc&amp;gt;&amp;lt;strong&amp;gt;A California court on Monday set a hearing date for the next step in Apple's \"antisuit lawsuit\" which seeks to protect the company against litigation being leveled by Motorola over patent licensing issues.&amp;lt;/strong&amp;gt;\r\n\r\nThe United States District Court for the Southern District of California &amp;lt;a href=\"http://www.fosspatents.com/2012/04/court-to-hold-hearing-on-july-5-to.html\"&amp;gt;scheduled&amp;lt;/a&amp;gt; the hearing for July 5, on which date Judge Janis Sammartino will begin deliberations as to whether Apple's suit will  proceed or be dismissed, reports &amp;lt;em&amp;gt;FOSS Patents'&amp;lt;/em&amp;gt; Florian Mueller.\r\n\r\nThe Cupertino-based computer giant first &amp;lt;a href=\"http://www.appleinsider.com/articles/12/02/10/apple_files_suit_against_motorola_mobility_over_qualcomm_license_agreement.html\"&amp;gt;filed&amp;lt;/a&amp;gt; for declaratory and injunctive relief in February, intending to quash Motorola's German iPhone 4S injunctions over wireless FRAND patents. \r\n\r\nIn its suit against Apple, Motorola claims that certain products that use Qualcomm's MDM6610  baseband chip like the iPhone 4S infringe on patents relating to how mobile devices connect to UMTS and GPRS networks. The claims cover European Patent 1010336 and the equivalent U.S. Patent No. 6,359,898, both of which are owned and licensed by Motorola.\r\n\r\nApple contends that it is a third party beneficiary because Qualcomm licensed the technology from Motorola for itself and its customers. The situation becomes muddled, however, as Motorola essentially attempted to switch licensees by canceling elements of the Qualcomm license and &amp;lt;a href=\"http://www.appleinsider.com/articles/12/02/11/apple_attacks_motorolas_efforts_to_block_iphone_4s_using_standards_patents_asks_for_huge_damages.html\"&amp;gt;insisting&amp;lt;/a&amp;gt; that the iPad maker pay for them instead.\r\n\r\nSince the initial filing, Apple has narrowed its complaint after Motorola brought a motion to dismiss the suit in March on claims that the iPhone maker failed to properly state claims that are subject to federal law and jurisdiction concerns between U.S. and German courts.\r\n\r\nMotorola ultimately withdrew its motion to dismiss after Apple amended its complaint in early April, promising to \"answer, move, or otherwise respond to the First Amended Complaint [...] no later than April 19, 2012.\" The company chose to move and brought a second motion to dismiss, though no information can be gleaned from that filing as it is sealed in order to protect confidential patent licensing agreements with Qualcomm.\r\n\r\nMueller notes that it may be difficult to learn anything regarding Motorola's motion to dismiss other than finding out whether the suit is allowed to proceed as the entire motion has been sealed. The upcoming hearing and related briefs may also receive the same confidential treatment. \r\n\r\nApple has until May 17 to respond, with Motorola able to reply in the week following."^^<http://www.w3.org/2001/XMLSchema#string>
<http://appleinsider.com/articles/12/04/23/apple_antisuit_lawsuit_against_motorola_to_be_decided_in_july>