From what I read: Apple's is using a Qualcomm communication chip in their devices. Qualcomm has already paid into the FRAND license pool (which is built into the price of their chips). That license is then extended to the customers that buy Qualcomm's chips. Since Apple (among many other companies) is Qualcomm's customer, the FRAND license is already covered.
Motorola going back and suddenly demanding 2.5% for iPhones using their FRAND looks like double dipping. If they get any kind of settlement, you will quickly see MM going after ANYBODY that uses communication chips based on their FRAND technology -- including Windows Phones, all other (non Motorola) Android phones, dumb phones, etc. Lawyers tend to keep doing what they do so long as money is involved.