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MacRumors
Apr 22, 2013, 05:04 PM
http://images.macrumors.com/im/macrumorsthreadlogo.gif (http://www.macrumors.com/2013/04/22/apple-wins-victory-against-motorola-after-itc-invalidates-sensor-patent/)


Apple has won a small victory (http://www.usitc.gov/secretary/fed_reg_notices/337/337_745_Notice04222013sgl.pdf) in its long standing case against Google's Motorola, reports Bloomberg (http://www.bloomberg.com/news/2013-04-22/apple-wins-case-brought-by-google-s-motorola-over-iphones.html), after the United States International Trade Commission (ITC) upheld an earlier invalidation of a patent that threatened imports of the iPhone 4 into the U.S.The decision marks the latest instance in which neither Cupertino, California-based Apple nor Google has been able to strike a decisive blow against its competitor in a squabble that began more than two years ago. Each has claimed the other is infringing patents, and Apple accused Motorola Mobility of breaching obligations to license some of its most widely used technology on fair terms.http://images.macrumors.com/article-new/2012/02/apple_motorola_logos.jpg
Patent No. 6,246,862 (http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6,246,86 2.PN.&OS=PN/6,246,862&RS=PN/6,246,862) references a "sensor controlled user interface for portable communication device," or the sensor in the iPhone that prevents the phone from being activated when close to a user's face.

The dispute between Motorola and Apple began in 2010 after Motorola filed a lawsuit (http://www.macrumors.com/2010/10/06/motorola-files-suit-against-apple-for-patent-infringement/) against Apple, claiming the Cupertino-based company infringed on eighteen of Motorola's patents. After being acquired (http://www.macrumors.com/2011/08/15/google-supercharging-android-with-acquisition-of-motorola-mobility/) by Google, Motorola expanded (http://www.macrumors.com/2012/01/25/google-signs-off-on-motorola-lawsuit-seeking-injunction-against-iphone-4s-and-icloud/) its charges against Apple, stating that the company violated six patents having to do with iCloud.

The patent that was invalidated today is the final patent in the above mentioned case, with all other charges against Apple previously cleared by the ITC. Google will likely appeal the decision, thus further extending the litigation between the two companies.

Earlier this month, U.S. District Court Judge Robert Scola chastised (http://www.macrumors.com/2013/04/11/u-s-judge-expresses-frustration-at-apples-and-googles-use-of-litigation-as-business-strategy/) Apple and Google for their patent disagreements, stating that the two had "no interest in efficiently and expeditiously resolving this dispute." He gave the companies four months to streamline the case before it would be put on hold.

Article Link: Apple Wins Victory Against Motorola After ITC Invalidates Sensor Patent (http://www.macrumors.com/2013/04/22/apple-wins-victory-against-motorola-after-itc-invalidates-sensor-patent/)



Macrolido
Apr 22, 2013, 05:09 PM
And the thermonuclear war goes on...

Rocketman
Apr 22, 2013, 05:29 PM
Simplifying cases is a concept with no basis in law. It is an inappropriate judicial case management tactic.

http://forums.macrumors.com/showthread.php?p=17129273#post17129273

Parties are entitled to resolve each and every outstanding dispute.

Wanna make courts work? Simplify the process not the disputes. Motion in Limine as a baseline MO.

Rocketman

monkor
Apr 22, 2013, 05:42 PM
Both companies are starting to chafe my cheeks with the litigation storm.

That being said: 'Murica.

commander.data
Apr 22, 2013, 05:47 PM
And the thermonuclear war goes on...
The difference seems to be that in thermonuclear war the result is pretty decisive, basically the end of the war and pretty much life as we know it on Earth. These legal cases however, drag on for years with little to show for it with everything being reassessed, appealed, invalidated, re-instated, etc.

RoastingPig
Apr 22, 2013, 06:07 PM
a bunch of biters sue em all

Millah
Apr 22, 2013, 06:15 PM
This is a legitimate question, did Motorola ever have phones with proximity sensors that turned off the display like the iPhones implementation before Apple? Or is this just a broad patent that patents the idea of using any sensor at all, in any implementation, on a mobile phone?

camnchar
Apr 22, 2013, 06:16 PM
And the thermonuclear war goes on...

At this point, it's more like trench warfare.

Rajani Isa
Apr 22, 2013, 06:17 PM
Simplifying cases is a concept with no basis in law. It is an inappropriate judicial case management tactic.

http://forums.macrumors.com/showthread.php?p=17129273#post17129273

Parties are entitled to resolve each and every outstanding dispute.

Wanna make courts work? Simplify the process not the disputes. Motion in Limine as a baseline MO.

Rocketman
At the same time, if the judge feels they are abusing the court - which apparently he does - he's free to impose penalties.

Mr. Retrofire
Apr 22, 2013, 06:19 PM
Apple Wins Victory Against Motorola After ITC Invalidates Sensor Patent
Trash <-- Patent/Lawsuit-related stories

*yawn*

ThunderSkunk
Apr 22, 2013, 06:20 PM
A hundred years from now, we won't be using anything that resembles any of these devices, making all this fighting over obsolete patents seem pretty ridiculous.

IJ Reilly
Apr 22, 2013, 07:06 PM
Say what you like, but it sure beat losing a victory.

tdtran1025
Apr 22, 2013, 07:48 PM
You two better quit it. The way to beat the competition is by making your stuff better. OK, the world knows Google stole some ideas from you initially, and competitions sometimes resort to that. Yet if, yes you Apple, prdies on innovation, go do your stuff, because Google has gown out of copycatting puberty period now. Besides, Samsung is your 800-lb gorilla.

Saladinos
Apr 22, 2013, 08:29 PM
Apple (and Microsoft) have been making a lot of wins lately, and Google and their partners have been suffering a lot of losses.

There's even talk that Microsoft is about to get Google Maps banned in Germany. Apple's win over Samsung was too drawn out (and even now hasn't resulted in an injunction), but this is a real nuclear bomb as far as Google are concerned.

If Google are forced to settle with Microsoft, the whole game is turned on its head. Any deal with inevitably involve a patent royalty attached to Android.

At the same time, Microsoft is about to get a license to Motorola's patents. A US Judge has apparently set a FRAND rate for Motorola's standard-essential patents that MS wasn't already licensed to. Microsoft have already agreed to pay the court-determined rate.

The terms of that are going to be released this Friday. If Apple like them, they can also take a license at that same rate. They could also appeal for a lower rate based on invalidations or whatever if they don't like them.

So yeah, it's heating up.

maxosx
Apr 22, 2013, 08:34 PM
It seems that there's no end to Apple's new habit of using litigation as a sales & marketing tool. Headlines are something Apple has always used to their advantage. Going forward I'm sure they'll continue to prevail. It's a core strength for them.

newagemac
Apr 22, 2013, 08:56 PM
It seems that there's no end to Apple's new habit of using litigation as a sales & marketing tool. Headlines are something Apple has always used to their advantage. Going forward I'm sure they'll continue to prevail. It's a core strength for them.

Say what??? This is a lawsuit that Motorola/Google brought against Apple. Try paying better attention next time. Nice trolling attempt though. Unfortunately, no one's buying it.

RobertMartens
Apr 22, 2013, 09:07 PM
And the thermonuclear war goes on...

Jobs said he was willing to go nuclear but he didn't actually do it. And now he is dead, so I guess he won't.

These are more like border skirmishes.

maxosx
Apr 22, 2013, 09:21 PM
Say what??? This is a lawsuit that Motorola/Google brought against Apple. Try paying better attention next time. Nice trolling attempt though. Unfortunately, no one's buying it.

If you had read my post, you would have seen that I did _NOT_ talk specifically about who sued who, in this... one, of many legal battles Apple is involved in. Some of which they originated, some of which they did not. Only those following Apple closely would know that.

Interesting how you seem to think so highly of yourself, that you can speak for others, then resort to juvenile name calling. Perhaps that's just the tactic it took to make you feel better. If so, good for you :)

faizanshakyboy
Apr 23, 2013, 09:35 AM
Congratulations bitten Apple ;)

Rajani Isa
Apr 23, 2013, 10:35 AM
If you had read my post, you would have seen that I did _NOT_ talk specifically about who sued who, in this... one, of many legal battles Apple is involved in. Some of which they originated, some of which they did not. Only those following Apple closely would know that.

Interesting how you seem to think so highly of yourself, that you can speak for others, then resort to juvenile name calling. Perhaps that's just the tactic it took to make you feel better. If so, good for you :)
The way you posted, however, implied that you thought THIS lawsuit was originated by Apple.

SockRolid
Apr 23, 2013, 12:50 PM
Apple: "(yawn...) So what's for lunch?"

Motorola: "Dang. Why can't we win against Apple ever?"

Google: "Is it too late to dump Motorola and get our $12.5 billion back?"

B4U
Apr 23, 2013, 04:15 PM
The way you posted, however, implied that you thought THIS lawsuit was originated by Apple.

Was feeling the same way after reading that comment.
Got beaten to post it first. (Can't post at work)