Apple seem to have a unique interpretation of the patent system. They seem to think that because a patent exists the patent owner is forced to license it to all comers. This is not the case nor has it ever been the case. Apple's argument gets even stranger when they say that since Motorola unilaterally declared the patent to be an industry standard that somehow means Apple are forced to use it.
It seems that in this Apple's argument is that if somebody else develops something clever that Apple wants to used then they must be forced to license that patent to Apple on terms that suit Apple. Which is strange because they also seem to argue frequently that if Apple develops something clever (or indeed stupid) that anybody else wants to use (even if they had it before Apple) then Apple have the right to stop them from using it. Seems Apple thinks that patents are a one way street that runs straight to Cupertino.
I thought maybe when bonkers Jobs popped his clogs Apple would stop talking so much shite. It seems however that they are talking more shite than ever.
I suspect that it will be only a few days before Motorola gets this decision reversed.