Moto offered a price. Apple thought it was too high and refused to negotiate. Then they sued. They asked the court to set the rate. The court was skeptical, thought the bargaining should be between the companies, but was will to go to trial anyways. Then Apple told the court that Moto should be bound by the court's decision, but that if the rate was too high, Apple would NOT be bound to the decision. Oh, and whatever the rate is, Apple only wants it to apply going forward. All the past patent violations should be free. The court dismissed the suit with prejudice.
Which part was Apple treated unfairly? The initial offer? Apple should go to eBay and sue every seller with a high "Buy it Now" price. Is it unfair to Apple to ask them to pay for years of past violations?
It is true that Apple uses the Moto-licensed Qualcomm MDM6610 chips in the iPhone 4S (which was explicitly excluded from Moto's suit in Germany), but why would that license apply to other iPhones that aren't using the MDM6610 chips (the iPhones that Moto actually sued over)? Or is that unfair to Apple, too?