Apple Sues Motorola Over Patent Infringement
November 1, 2010 9:01 AM
comment(s) - last by
Apple has history of bullying competitors through lawsuits
The Wall Street Journal
that Apple has filed two lawsuits against Motorola in a Washington-based U.S. district court, alleging that its smartphones and OS infringe on Apple's intellectual property. This development is a response from Apple for the lawsuit Motorola filed against it in October, alleging patent infringement.
Apple alleges that Motorola violates six of its patents related to touch-screen and multitouch technology, "as well as ways to display, access and interact with information on the phone,"
Motorola had this response: "Motorola has a leading intellectual-property portfolio, one of the strongest in the industry, and we intend to vigorously defend ourselves in this matter. We are confident in our position and will pursue our litigation to halt Apple's continued infringement."
This is a similar lawsuit
to one Apple filed
against mobile phone manufacturer -- and prominent Android player -- HTC last March. Because attacking Google directly isn't very effective since it gives Android away for free, Apple can go after the manufacturers that employ the threatening OS. After all, they have enough revenue to make it worthwhile for Apple.
"Apple's coming under assault now and they're using every tool at their disposal to try and hold the fort," an analyst for Charter Equity Research told
, adding that he doesn't expect much to come of the lawsuits. Apple, it turns out,
has a history of bullying competitors
This comes at a crucial time for Motorola, which is planning to split off its mobile unit into a separate entity, and
Android is the only OS
used on the manufacturer's smartphones. Some analysts are predicting that Motorola -- which has basically been resurrected thanks to Android -- might suffer
once the iPhone hits Verizon
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Really sick of Jobs claims.
11/1/2010 1:58:43 PM
Patents only count if you can prove you were the first to do something, if you originated the idea.
Jobs really ought to be more judicious with his choice of law suits. Considering, as has been pointed out in the past, that many of the ideas his company has created products based on come from projects originated at Xerox PARC, his claim to be the source of much of his companies "intellectual property" is not very valid.
If he pushes these issues too hard, in an obvious attempt to unfairly controll the market, he may may find the patents that he thinks back up his position rendered invalid.
Oh, and BTW, which one of you said patents have something to do with the Constitution? Wow, that's way off.
Our laws are NOT soley controlled by what is or isn't in the Constituation.
We continue to define our legal system via an active judicial system based on the rule of law (which in itself is derived from the English Common Laws principle of precedents). Only someone with a poor understanding of our country would think the Constitution limits us. It only provides us with a noble basis for our government and with the Bill of Rights, provides us with basic guarantees of our liberties.
RE: Really sick of Jobs claims.
11/1/2010 3:27:12 PM
Yes and no. In theory, the limits on power laid out in the Constitution do restrict the ability of Congress to make laws. In practice, though, it rarely does, though some laws are struck down as unconstitutional. At issue is the fact that the Constitution uses broad language that can be interpreted to allow actions that some might think extend beyond the enumerated powers of the Constitution (like the use of the Commerce Clause, for instance). However, on the narrow point of whether a patent allows its holder to use it without licensing it to others, the poster was correct. US Law does not require a patent-holder to license their intellectual property.
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