Articles Tagged with Wisconsin

On Monday, Apple filed an Ex parte application for discovery against Motorola Mobility (‘Motorola’) to defend against the Google subsidiary’s patent claims in Germany. Motorola’s claims allege that Apple’s iPhone and iPad wireless devices infringe two of the company’s European patents.

One central Apple legal defense to Motorola’s European patent claims is that the telecommunications hardware maker would not offer it fair, reasonable, and non-discriminatory (‘FRAND’) licensing terms over the wireless patents in dispute, “in violation of German and European antitrust laws.”

FRAND contract disputes also remain an issue in the companies’ U.S. patent lawsuits. In Wisconsin, for example, Apple declared today that Motorola’s essential wireless patents are worth, at most, only one dollar per iPhone.

Motorola’s European patents at issue involve:

• EP 1 010 336 (the ‘336 patent) — Method for Performing a Countdown Function During a Mobile-Originated Transfer for a Packet Radio System
• EP 1 053 613 (the ‘613 patent) — Method and System for Generating a Complex Pseudonoise Sequence for Processing a Code Division Multiple Access Signal

The relief sought by Apple under 28 U.S. § 1782 is commonly used when parties litigating abroad can assist foreign courts with relevant information in dispute, the request is reasonable and narrowly tailored, no foreign prohibition exists against the request, and no foreign prohibition exists against the request.

Last week, Wisconsin Governor Scott Walker fired the shot heard ’round the world by signing a bill that limited the rights of most municipal and state employees to engage in collective bargaining. The bill does exempt public safety employees, including police officers, fire fighters, deputy sheriffs, state probation and parole officers, and persons that provide combined police and fire protection services, from the restrictions mandated by the bill. Interestingly, I did not spot an exemption for correctional workers.

While the Great Recession had many fathers (and mothers), I don’t believe that public sector unions were one of them. Nevertheless, when the government needs to ratchet down its expenses to match its diminished revenues, government workers stand out as an obvious target (and solution). Admittedly, when times are good, unions have no impetus to offer concessions of any kind. So, if Wisconsin or other states intend to rebalance its books on the back of public employees, now is the time when the unions recognize that they have to bear part of the burden as well.

This week, I thought it might be helpful to pull together a few online resources for anyone interested in tracking the labor dispute with Wisconsin’s Governor Walker.  I’ve also included some general U.S. labor law resources, and for music lovers, don’t miss our bonus track!

Wisconsin

• “A Brief History of the Key Issue in the Wisconsin Standoff” — Informative time line discussing the history of collective bargaining.
• Full Coverage: Governor Walker’s Budget Repair Bill
• University of Wisconsin Law School Forum on Legal & Political Issues Raised by Governor Walker’s Budget Repair Bill