http://news.yahoo.com/apple-google-back-court-over-mobile-phone-patent-194012334--sector.html

"In Wednesday's hearing many of the questions from a three-judge panel focused on whether the companies had worked hard enough to hammer out deals to license each others' patents, or whether one or the other was an "unwilling licensee."

In legal parlance, an "unwilling licensee" is a company that will not seriously negotiate paying to license a patent that it infringes. Such a company can face an order banning the sale of products that use that patented technology.

Judge Sharon Prost asked about Apple's willingness to pay to use the Motorola Mobility patent. Attorney Joshua Rosenkranz, who spoke for Apple, argued that Apple was not an unwilling licensee but that Motorola Mobility was asking Apple to pay 12 times what it had previously been paying to license the technology.

"If this court does remand (the case), I ask this court to remand with a standard," said Rosenkranz, saying that an unwilling licensee should be defined as a company that has been legally found to have infringed but still refuses to pay."