ITC Rules Against Apple in Motorola Patent Case

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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").
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
 

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
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.
 

KPOM

macrumors G5
Oct 23, 2010
14,518
3,067
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.
 

nylonsteel

macrumors 6502a
Nov 5, 2010
801
34
re original article

possible karma effect

aapl copied xerox parc

now everyone copies aapl
 

cerb81

macrumors newbie
Jan 13, 2012
1
0
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.
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
 

FakeWozniak

macrumors 6502
Nov 8, 2007
428
27
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.
 

theheadguy

macrumors 65816
Apr 26, 2005
1,118
1,322
california
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.
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.
 

kas23

macrumors 603
Oct 28, 2007
5,626
291
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.
Easy there, tiger. No one's out to prove you wrong.
 

macrumorsuser10

macrumors 6502
Nov 18, 2010
261
186
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.
 

danahn17

macrumors 6502
Dec 3, 2009
384
0
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.
Whoa there. Got a little 'Roid Rage?
 

KPOM

macrumors G5
Oct 23, 2010
14,518
3,067
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.
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.

----------

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

Rodimus Prime

macrumors G4
Oct 9, 2006
10,136
4
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.
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.
 

AppleScruff1

macrumors G4
Feb 10, 2011
10,026
2,946
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.
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.
 

GenesisST

macrumors 68000
Jan 23, 2006
1,706
589
Where I live
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.
Wow, someone was bitten by an android as a child...
 

Matt-M

macrumors regular
Nov 5, 2009
123
0
Nashua, NH
... Apple is quickly becoming the biggest patent troll in mobile.
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.
 

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
You know this is prim example of why us apple fans are thought of nothing but blind fanboys who only worship Apple.
You won't see me lose any sleep over it.

Apple been suing with crapents. Example are things like slide to unlock. The slab patent and so on.
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.
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.
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.
Apple is quickly becoming the biggest patent troll in mobile.
That would be true if they actually fit the definition.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
Maybe, but what sort of interest would a Microsoft lobbyist have on a lawsuit between Apple and an Android licensee?
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.
 

parapup

macrumors 65816
Oct 31, 2006
1,292
49
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.
Apt and Precise. Next time someone cites Florian I will remember to refer them to this post.