New iPhone 5 being banned before it is released??

[VirgilB]

As you probably know, Google’s Motorola filed new patent lawsuit against Apple on Friday, accusing that iPhone maker is infringing on 7 more patents.

Since the documents were delivered to U.S. International Trade Commission late in the day on Friday, we could only guess which patents Motorola decided to use this time. Today ITC made all the documents public. We check-out the patents at play in this lawsuit. And also looked at Motorola’s claim construction, to see with which products, and which features exactly Google’s subsidiary thinks Apple infringes.

Here’s what we found:

Patent No. 5,883,580 “Geographic-temporal significant messaging”
This patent, issued on March 16th, 1999 talks about “messaging devices that process messages logically for a user in the context of space and time”. Translated from legalese – it’s about your iPhone being able to display geographically relevant messages when you are at a certain place. E.g. traffic alerts when you are near the congested intersection, ability to schedule reminders when you are approaching your workplace or leaving your home, getting a pop-up to remember to buy some milk when you are in a grocery store, etc;

Patent No. 5,922,047 “Apparatus, method and system for multimedia control and communication”
The ‘047 patent, issued on July 13, 199 is really broad and, according to Motorola, covers such basic device functionality as being able to launch and use any media application, while also being a phone. E.g. tapping on video player icon on iPhone 4S constitutes infringement, because it means that your phone switches to another operating mode (video player) among many (telephone, music player, browser, etc, in response to a first control signal (tapping on a video icon) and, after video player launches, it is controlled via multiple other control signals – e.g tap to Pause/Play, Fast Forward, etc;

Patent No. 6,425,002 “Apparatus and method for handling dispatching messages for various applications of a communication device”
‘002 patent was issued on July 23, 2002 and covers the API for routing incoming and outgoing messages to the correct applications. Motorola thinks that Apple’s Push Notification functionality, allowing your apps to automatically send and receive push messages, is covered by ththis patent and infringes on it.

Patent No. 6,493,673 “Markup language for interactive services and methods thereof”
This patent, issued on Dec. 10, 2002 covers interactive voice services delivered over the internet, and goes after Siri. Motorola does not care much about the artificial intelligence and all other fancy stuff Siri does. According to the patent claims, Motorola has invented the basic interactive dialog process Siri uses. And the way Apple renders *XML files to allow you talk to Siri, is a no no without a license. “Siri, set a reminder for 2, tomorrow”, “2PM or 2AM”, “2PM” , “OK, setting reminder for 2PM on Wednesday, Aug. 22nd” . Doesn’t matter how Siri figures out what to ask and what to tell you. Simply by performing this dialog, and using a markup language to do it – Siri infringes. Or at least that’s what Motorola claims.

Patent No. 6,983,370 “System for providing continuity between messaging clients and method therefor”
The ‘370 patent, issued on January 3d, 2006 talks about seamless IM session switching between various devices, and says that all iMessage capable devices are infringing on it. Started your iMessage chat on your MacBook, then continued it on the way to work on your iPhone? Google says that the way Apple does this – by storing your chat data on its servers and then transferring the chat data from MacBook to iPhone – is Moto’s invention. This patent is also part of Motorola’s litigation with Microsoft in U.S.

Patent No. 7,007,064 “Method and apparatus for obtaining and managing wirelessly communicated content”
‘064 patent, issued on Feb 28, 2006 goes after e-mail syncing between your Macs and iOS devices via iCloud. It is a rather narrow patent, and only insists that the way Apple keeps your e-mails in sync, by deleting messages on one of your igadgets when you delete that same message on the other, is an infringing use.

Patent No. 7,383,983 “System and method for managing content between devices in various domains”
This patent covers the ability to pause video or audio playback on your iPad, and then resume playing the content from the same place on a different iDevice.

________________________________

None of the patents above are standards essential, so they won’t have to be licensed to Apple under restrictive FRAND terms. And the whole batch, taken together, looks pretty impressive. Motorola also filed a parallel suit with the same patents in District Court of Delaware.

Will they be enough to turn the tide for Google in “Everyone else vs Android” patent wars of this decade? Maybe, maybe not.

At this point in the litigation, it is very difficult to know. We’ll have to wait and see what is left of the patent claims as they are whittled in FCC and Delaware proceedings. After all, Sun/Oracle invented Java. The database giant thought it had a pretty good case claiming that Google ripped them off almost wholesale, demanding billions in damages. But couldn’t prove anything in court. Motorola is seeking a ban in the US on most apple products both released and soon to be released including but not limited to Apple’s iPod Touch, 2, 3, 4, and upcoming 5 the iPhone 3GS, 4, 4S, and upcoming 5 the iPad 2, the “new” iPad, and upcoming iPad mini as well as the Mac Pro, iMac, Mac mini, MacBook Pro and MacBook Air and all other Apple devices which utilize wireless communication technologies to manage various messages and content.

 

[Sdahe]

Hey guys... don't worry about the new iphone or iphone 5..

Just get a Galaxy S3 and you'll forget everything about the iPhone.

 

[vikingjunior]

So that's why Google bought Motorola Mobility .

 

[NbinHD]

The S3 starting to look beter everyday......

Haha, where in the same boat. Kinda getting a bit ridiculous with all of these companies filing patients lately, ruins the competition.

 

[smacman]

As crazy as all of this stupid back and forth patent litigation is, Apple made their own bed here.

In almost every industry, a patent lawyer can find infringements. The reason companies don't bother searching for them is because it works both ways. Canon could try and crucify Nikon, but Nikon would likely find equal ammunition to fire back. It is a pointless game where nobody wins, and everybody loses.

Apple most definitely raised the bar with the original iPhone. Thanks to their innovative concept, we all benefited immensely. Their mistake however was expecting the rest of the industry to hang back in the mobile dark ages. One doesn't need to look further than the automotive industry to see how breakthroughs at one company improve products across the entire industry. This is not to say that those staying ahead in the innovation department have nothing to gain. Had Apple continued innovating and pumping out amazing products, going thermonuclear on Android would have been unnecessary.

Apple's thermonuclear patent war is now their only chance of survival given how stagnated the iOS platform is. As a result of this, Google suffers, Apple suffers, the legal system suffers, and most importantly, we the consumer suffer. Enough already Apple! Settle these frivolous disputes, and get back to doing what you do best.

 

[VulchR]

Honestly, who awards these patents? Some of them seem trivially obvious. What's next, patenting scratching one's crotch?

 

[devilbond]

Love how news like this doesn't get reported front page on MacRumors, but each and every single new Apple store opening up does.

 

[Wrathwitch]

Apple, Google, Samsung, and Moto should all pick a representative to fight for the company. Four men enter, only one leaves. These lawsuits back and forth are getting stupid, and yes I totally acknowledge that apple started it.

THIS would be cool!!! Gladiator Victora!!

As crazy as all of this stupid back and forth patent litigation is, Apple made their own bed here.

In almost every industry, a patent lawyer can find infringements. The reason companies don't bother searching for them is because it works both ways. Canon could try and crucify Nikon, but Nikon would likely find equal ammunition to fire back. It is a pointless game where nobody wins, and everybody loses.

Apple most definitely raised the bar with the original iPhone. Thanks to their innovative concept, we all benefited immensely. Their mistake however was expecting the rest of the industry to hang back in the mobile dark ages. One doesn't need to look further than the automotive industry to see how breakthroughs at one company improve products across the entire industry. This is not to say that those staying ahead in the innovation department have nothing to gain. Had Apple continued innovating and pumping out amazing products, going thermonuclear on Android would have been unnecessary.

Apple's thermonuclear patent war is now their only chance of survival given how stagnated the iOS platform is. As a result of this, Google suffers, Apple suffers, the legal system suffers, and most importantly, we the consumer suffer. Enough already Apple! Settle these frivolous disputes, and get back to doing what you do best.

I agree with this. I really am getting sick of everyone trying to neuter every other company's devices and in the end resulting in sh## for us end users. OOO my company wins!! But in reality, the people lose.

Love how news like this doesn't get reported front page on MacRumors, but each and every single new Apple store opening up does.

NO sheeeit eh?


Well. I am still feeling much pity and sympathy for the Jury on the Samsung vs Apple patent lawsuit that is going on. You know it's bad when the Judge tells them they have to stay awake to listen to it.

 

[ray6712]

seems to me all Apple would have to do in this case would be to license Android and their whole case is done. My reasoning Android is open source you only need a license to use its elements, and since Motorola doesn't use an operating system of its own design developed by Motorola then Apple could just license it and the case is done. Now Google could deny Apple the license but by doing this Android could not make the claim of being open

 

[mattopotamus]

If this sincerely has an effect on whether one ought to get a new iPhone or an S3, perhaps he/she ought to just get the S3 now.

I agree and disagree . What if iphone sales were banned for 3-4 months and you really wanted a new phone? Tons of people would make a switch simply b.c of availability.

 

[SR45]

I for one hope this doesn't happen and that the iPhone 5 is released as planned and as originally designed before all this lawsuit stuff. I also hope the 5 will be able to remain unchanged through out its life. I have been eagerly awaiting being able to upgrade my 4 to a 5.

Please stop this. Its not going to happen. Now go back to bed...

 

[onthecouchagain]

Where's technarchy and batting to say "hey companies have to vigorously defend their patents"? Notice they're quite mum when the tides are turned...

Anyway if apple loses they'll just settle with $$. I don't foresee any halt on current or upcoming apple products.

 

[mattopotamus]

Where's technarchy and batting to say "hey companies have to vigorously defend their patents"? Notice they're quite mum when the tides are turned...

Anyway if apple loses they'll just settle with $$. I don't foresee any halt on current or upcoming apple products.

agreed. There is no way they would allow sales to hault...they would pay a big chunk of change before they did that, right or wrong.

 

[Abazigal]

If you thought Apple was being overboard, Moto/Google now takes the cake.

Can Apple just combine forces with Microsoft and put Motorola out of its misery?

 

[dotme]

Honestly, who awards these patents? Some of them seem trivially obvious. What's next, patenting scratching one's crotch?

How about patenting the crotch?
http://www.google.com/patents/USD537236

On-topic, I wonder if this goes through, if it may create a backlash against Google. Apple fans are a pretty passionate bunch, especially on launch days (I haven't seen people lining up around the block for a Google product lately).

If Google is successful in blocking the next iDevice (which I doubt), it could be a PR problem for them.

 

[chambone]

Honestly, who awards these patents? Some of them seem trivially obvious. What's next, patenting scratching one's crotch?

It depends. If it's with your middle, ring finger and pinky at the same time, then yes, I've got a patent on that.

 

[mattopotamus]

It depends. If it's with your middle, ring finger and pinky at the same time, then yes, I've got a patent on that.

now that would be playing with yourself

 

[MLG]

Apple has a history of being the pot calling the kettle black.

Remember those "I'm a Mac and I'm a PC" ads with the young hipster as the Mac and the fat Bill Gates clone as the PC? They railed on PCs as being uncool, unable to work for 5 seconds without breaking, and fragile. Microsoft let it go.

But when Microsoft came out with the Laptop hunters ads which said nothing bad about Apple but merely mentioned the prices of its products, Apple freaked out and immediately filed a complaint against Microsoft for false and misleading ads. Because they had just dropped the prices of their laptops by $100. That's a DB move.

They opened a can of worms here. If they lose, it will cost them. If they win, they might end up facing investigation as a monopoly. They should have let it go.

 

[bogatyr]

On Friday, Google’s Motorola Mobility filed a new lawsuit

Yeah, it will be months or years before anything comes of this. The courts move slow and the more money a company has, the more they tend to drag this crap out.

I don't like patents in general but I can't defend Apple as they continue to start lawsuits as much as the other guys.

 

[VirgilB]

I know this ruling doesn't effect the US but still could be a sign of things to come as apple now has products banned in south Korea now thanks to the lawsuit with Samsung.





While we’re anxiously awaiting the verdict in the Apple v. Samsung case in California, here’s something from South Korea. The two companies have been in a legal battle over there too, with various claims of patent infringement flying in both directions. Samsung sued Apple first, in response to Apple’s many actions in courts across the world. Then Apple countersued.

And now, many months later, we finally have a ruling, which might give us an indication of what future decisions on matters like these might look like. The short version: everyone’s right, and both companies infringed each other’s patents.



So the Samsung Galaxy S, Galaxy S II, and Galaxy Nexus have been banned in South Korea, alongside the original Galaxy Tab and the Galaxy Tab 10.1. Samsung’s products were found to be infringing Apple’s ‘bounce-back’ patent, which covers what happens when you scroll to the end of a list, or to the edge of a webpage or document – there’s a ‘bounce-back-into-place’ effect. Another patent was claimed to be infringed by Samsung, one having to do with its TouchWiz icons and their pereceived similarity to Apple’s iOS icons, but Apple didn’t win this one.

Furthermore, the court ruled that there was no possibility that consumers would confuse Apple and Samsung smartphones, shooting down Apple’s ‘trade dress’ arguments – which, by the way, it has made over and over again in many parts of the world (with some success too, for example in Germany where Samsung had to redesign the Galaxy Tab 10.1).

Samsung also has to pay Apple 25 million won, or around $22,000. However, Apple didn’t get out of this unharmed. In fact, its iPhone 3GS, 4, 4s, and iPad 2 have also been banned in South Korea, and Apple has to pay Samsung 20 million won (or $17,500) in damages per violation. Apple was found to infringe on two Samsung patents related to wireless transmission of data (which makes you wonder how well Apple will do in court once it launches an LTE-capable iPhone, seeing as how Samsung controls most of the LTE patents). Because it infringed on two patents, Apple will have to pay 40 million won in total to Samsung.

Of course, either company (or both of them) can appeal these decisions, and they probably will. First to an appeals court, and from then on to the South Korea Supreme Court. So this is hardly over. And judging by the pace at which the hearings were held on these cases, it will take many more months for a definitive verdict to be issued.

However, this is an interesting showcase of what can happen when there’s a patent war going on – everybody can win everybody can lose

 

[onthecouchagain]

If you thought Apple was being overboard, Moto/Google now takes the cake.

Double standards. Here... we... go...

 

[Orange Furball]

I'd love to go to AT&T and see that iPhone display filled with Galaxy S3s. Its the little things in life I guess.

 

[CTHarrryH]

Google doesn't want Apple to stop - it wants Apple to hand over tons of money. I love companies such as Google that really doesn't produce anything vs. companies like Apple that actually have products that they produce and sell.

The only people who benefit at all are lawyers - a group that should be regulated out of existance.

 

[Orange Furball]

Google doesn't want Apple to stop - it wants Apple to hand over tons of money. I love companies such as Google that really doesn't produce anything vs. companies like Apple that actually have products that they produce and sell.

The only people who benefit at all are lawyers - a group that should be regulated out of existance.

Google and Apple are software companies. Both of which have their own hardware. (Google's nexus devices and chromebook/chromebox And Google TV) and I think you know what Apple has.

Lawyers. They are corporate. Played on a salary like everyone else. They get paid no matter what.

 

[thecurryman]

after the rulings today in which apple won over 1 billion dollars, itll be interesting to see what happens with this case...because the patents Motorola holds and accuses of apple infringing are, are one the same level as those apple accused samsung of infringing on...and those patents are quite old too, way before the iphone came out...and there is NO way Motorola's patents could be considered FRAND ones...so i really wanna see how this case goes!