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ITC Rules Against Apple in Motorola Patent Case

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Apr 12, 2001
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In a preliminary ruling (PDF) today, the ITC ruled that Motorola's smartphones do not violate the Apple patents at issue, though the decision still needs to be approved by the full six-member ITC panel.
On this date, the ALJ issued an initial determination on violation of Section 337 and recommended determination on remedy and bond in the above-referenced investigation. It is held that no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile devices and related software by reason of infringement of one or more of Claims 1, 2, 10, 11, 24-26, and 29 U.S. Patent No. 7,812,828 ("the '828 Patent"), claims 1-7 and 10 of U.S. Patent No. 7,663,607 ("the '607 Patent"), and claims 1, 3, and 5 ofthe U.S. Patent No. 5,379,430 ("the '430 Patent").
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The case goes back to November 2010, when the International Trade Commission agreed to investigate Apple's claims of patent infringement lodged against Motorola.

Article Link: ITC Rules Against Apple in Motorola Patent Case
 
Article Link
https://www.macrumors.com/2012/01/13/itc-rules-against-apple-in-motorola-patent-case/
Excellent. Motorola is now free to continue their downward spiral, unfettered.

Keep pushing, Apple. From what we've seen at CES, there is no shortage of targets.
 
Since the ITC's only remedy is a nuclear option (import ban), they are reluctant to use it. My guess is that as both Apple and Android OEMs keep losing these lawsuits, they will eventually change course, and Apple will adopt a licensing strategy.

If you read Foss Patents' blog, you get the impression that Apple needs to hire better lawyers, though. They seem to be making basic mistakes in the Android lawsuits.
 
re original article

possible karma effect

aapl copied xerox parc

now everyone copies aapl
 
KPOM said:
Since the ITC's only remedy is a nuclear option (import ban), they are reluctant to use it. My guess is that as both Apple and Android OEMs keep losing these lawsuits, they will eventually change course, and Apple will adopt a licensing strategy.

If you read Foss Patents' blog, you get the impression that Apple needs to hire better lawyers, though. They seem to be making basic mistakes in the Android lawsuits.
Click to expand...

Those patent wars need to find an end because they're just stupid. Patents on things like multitouch gestures is like having a patent on how to open a door or the grip of an umbrella - it's just ridiculous. The fact companies can get patents on such basic things just shows that there are people who don't know anything about technology are in the wrong positions.

btw foss patents isn't really a serious source. He's a lobbyist paid by Microsoft. https://plus.google.com/110351160992477343545/posts/5F5R8RJRicf
 
Prove Me Wrong

Someone, cite one example where the ITC made a decision that stopped a smartphone from import. It has to be something where there are no work-arounds like in HTC or Samsung case. I doubt you'll find a case, because those decisions are damaging/damning if made wrong.
 
KPOM said:
Since the ITC's only remedy is a nuclear option (import ban), they are reluctant to use it. My guess is that as both Apple and Android OEMs keep losing these lawsuits, they will eventually change course, and Apple will adopt a licensing strategy.
Click to expand...
While its impressive that you are aware of ITC's available remedies (for the most part), what makes you think that weighs on whether or not they issued a judgement in favor of Motorola? Either Motorola violated Apple's patents or they didn't, and in this case, they didn't. If Apple feels differently, they can seek presidential review or pursue to court of appeals. My guess is, they expected this outcome.
 
FakeWozniak said:
Someone, cite one example where the ITC made a decision that stopped a smartphone from import. It has to be something where there are no work-arounds like in HTC or Samsung case. I doubt you'll find a case, because those decisions are damaging/damning if made wrong.
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Easy there, tiger. No one's out to prove you wrong.
 
This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.
 
macrumorsuser10 said:
This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.
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Whoa there. Got a little 'Roid Rage?
 
theheadguy said:
While its impressive that you are aware of ITC's available remedies (for the most part), what makes you think that weighs on whether or not they issued a judgement in favor of Motorola? Either Motorola violated Apple's patents or they didn't, and in this case, they didn't. If Apple feels differently, they can seek presidential review or pursue to court of appeals. My guess is, they expected this outcome.
Click to expand...

I would think that if you are adjudicating a case and you know your only remedy is to essentially kill someone's business, you are a bit more careful with that power than someone who has the option of imposing a lesser sanction, such as a monetary award.

----------
cerb81 said:
btw foss patents isn't really a serious source. He's a lobbyist paid by Microsoft. https://plus.google.com/110351160992477343545/posts/5F5R8RJRicf
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Maybe, but what sort of interest would a Microsoft lobbyist have on a lawsuit between Apple and an Android licensee? It isn't as if he's opining on a matter between Apple and Microsoft. I'd be skeptical if either Apple or Microsoft were suing the other over Windows Phone or iOS, but that's not the case here.
 
macrumorsuser10 said:
This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.
Click to expand...

You know this is prim example of why us apple fans are thought of nothing but blind fanboys who only worship Apple.
Apple been suing with crapents. Example are things like slide to unlock. The slab patent and so on.
Let's see in one us case the judge flat out called apple on their bs. Said that the law suit was not about protecting their ip but about slowing down their competitors also rule against Apple in that case.
Apple is quickly becoming the biggest patent troll in mobile.
 
*LTD* said:
Excellent. Motorola is now free to continue their downward spiral, unfettered.

Keep pushing, Apple. From what we've seen at CES, there is no shortage of targets.
Click to expand...

Except there is one thing that Motorola beats Apple hands down at, RF. In a fringe area, a Motorola phone will make a call where the iPhone won't.
 
macrumorsuser10 said:
This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.
Click to expand...

Wow, someone was bitten by an android as a child...
 
Rodimus Prime said:
... Apple is quickly becoming the biggest patent troll in mobile.
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Let's at least use the right terminology!

A patent troll is one who buys and enforces patents against one or more alleged infringers, often with no intention to further develop, manufacture or market the patented invention.

Apple builds things, ergo, not a troll.
 
Rodimus Prime said:
You know this is prim example of why us apple fans are thought of nothing but blind fanboys who only worship Apple.
Click to expand...

You won't see me lose any sleep over it.

Rodimus Prime said:
Apple been suing with crapents. Example are things like slide to unlock. The slab patent and so on.
Click to expand...

I'm not sure what "crapents" are. PATENTS, however, are . . . patents. They are up for testing in court - one vs. the other. That's how it's done. The results help clarify everyone's position.
Rodimus Prime said:
Let's see in one us case the judge flat out called apple on their bs. Said that the law suit was not about protecting their ip but about slowing down their competitors also rule against Apple in that case.
Click to expand...

Challenging the competition's patents and design decisions in court - putting them to legal tests that are available to everyone, isn't "BS." It's using legal mechanisms that are freely available to everyone. No court to date has told Apple to *stop* their claims. Nor has any court penalized them for doing so.
Rodimus Prime said:
Apple is quickly becoming the biggest patent troll in mobile.
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That would be true if they actually fit the definition.
 
KPOM said:
Maybe, but what sort of interest would a Microsoft lobbyist have on a lawsuit between Apple and an Android licensee?
Click to expand...

Florian is on an anti-Google crusade because frankly, Google is a big adversary for Microsoft (pushing out everything to the web, open standards, online apps that run on Browsers rather than a single OS...).

Microsoft feels that Google is a threat to their desktop monopoly, hence to their Office suite monopoly, hence to their biggest cash cows.

That is why Florian, a Microsoft lobbyist has a big interest in these Apple lawsuits against Android and why he often spreads FUD about Google's chance of winning/infringements. He's been found to outright lie and exaggerate many times over.
 
KnightWRX said:
Florian is on an anti-Google crusade because frankly, Google is a big adversary for Microsoft (pushing out everything to the web, open standards, online apps that run on Browsers rather than a single OS...).

Microsoft feels that Google is a threat to their desktop monopoly, hence to their Office suite monopoly, hence to their biggest cash cows.

That is why Florian, a Microsoft lobbyist has a big interest in these Apple lawsuits against Android and why he often spreads FUD about Google's chance of winning/infringements. He's been found to outright lie and exaggerate many times over.
Click to expand...

Apt and Precise. Next time someone cites Florian I will remember to refer them to this post.
 
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