Print 96 comment(s) - last by Shadowmaster62.. on Aug 28 at 9:53 AM

New ITC complaint leverages 8 of Motorola's patents

Apple, Inc. (AAPL) has made it pretty clear that it wants to try to ban all of the top Android phonemakers off the market.  Google Inc. (GOOG) has vowed to fight back, using the treasure trove of patents from its recent acquisition Motorola Mobility to help protect its partners.  Google was seeking a ban on Apple's iPhone, iPad, and Mac computers to counter a potential Android ban.

Thus far that protection scheme didn't work out so well, as Google-owned Motorola Mobility and Apple had their suits/counter-suits twice tossed from the U.S. District Court, Northern District of Illinois (Chicago).  In fact, so far federal courts have proven relatively retiscent to ban products from either side.

So Motorola Mobility's latest legal salvo -- a 50 page complaint [PDF] with 187 exhibits, pertaining to eight patents -- instead hopes to sway the U.S. International Trade Commission to ban imports of Apple's products, an approach that Apple successfully used to ban shipments of top Android phonemaker HTC Corp. (TPE:2498) earlier in the year.

The new suit targets:
  • iPod Touch
  • iPhone 3GS
  • iPhone 4
  • iPhone 4S
  • iPad2
  • "the new Apple iPad (aka the iPad3)
  • Mac Pro
  • iMac
  • Mac Mini
  • MacBook Pro
  • MacBook Air
It demands satisfaction in the form of a resolution within 15 months and a court-order "excluding entry into the United States of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe."

As Apple manufacturers all its products outside the U.S., this means, basically, a complete ban of all Apple's products.

Apple products
Google is seeking to ban virtually all Apple's devices [Image Source: Apple]

The lawsuit leverages eight patents:
  • No. 5,883,580, "Geographic-Temporal Significant Messaging"
  • No. 5,922,047 "Apparatus, Method and System for Multimedia Control and Communication"
  • No. 6,425,002 "Apparatus and Method for Handling Dispatching Messages for Various Applications of a Communication Device"
  • No. 6,493,673 "Markup Language for Interactive Services And Methods Thereof"
  • No. 6,983,370 "System For Providing Continuity Between Messaging Clients And Method Therefor"
  • No. 7,007,064 "Method And Apparatus For Obtaining And Managing Wirelessly Communicated Content"
  • No. 7,383,983 "System And Method For Managing Content Between Devices In Various Domains"
A couple of quick thoughts on the patents:
  1. They appear not to be standards patents -- e.g. Motorola Mobility's standard 3G/4G fodder.  This means that they are likely not subject to "fair, reasonable, and non-discriminatory" (FRAND) licensing requirements, something that has plagued Google's past attempts to litigate against Apple.  In other words, Apple and Google are now fighting on a level playing field.
  2. The patents -- much like Apples -- are often rather ambiguous/nebulous in terms of describing there invention.  Given the broad descriptions (e.g. the one patent appears to be describing all forms of geo-tagged communication), it may be hard for Apple to escape from being found in infringement, must as Android has struggled to escape Apple's vague and overly broad patents.

WWIII is upon us in the patent world -- the dying Apple co-founder Steven P. Jobs wish for "thermonuclear" legal war has come to fruition.  

Thermonuclear war
Steve Jobs dying wish of "thermonuclear war" with Android has been fully realized.

It's possible that only a handful of products will be banned, but as Apple and Google step up their legal barrages, it's also quite possible that most Android and Apple devices could eventually become subject to a ban -- an outcome that one would expect -- or at least hope -- would lead to a broad cross-licensing pact à la Apple and Microsoft Corp.'s (MSFT) "special arrangement".

One thing's for sure, though.  Google isn't about to roll over and die or let the same happen to its partners.  It is determined to fight Apple's efforts to the bitter end.

Sources: Groklaw [1], [2]

Comments     Threshold

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RE: Throw Google Managers in prison
By JasonMick on 8/21/2012 5:16:15 PM , Rating: 5
Typical Google. Steals Apple's designs and technology (rectangle smartphones, stolen icons, stolen animations, etc.) then sues Apple. Google's management shoudl be thrown in jail. Each and every one of them.

You are delusional. Watch this:
Google's management shoudl be thrown in jail. Each and every one of them.
Cool idea, bro.
When I read this article I think i bet Mick would love for Google to get to ban all Apple's products.
Actually I don't want anyone's products banned. I just want them all to compete with each other and stop the junk lawsuits/patent trolling.

When I cover this crap, it just makes me depressed, makes me think of Johnny Cash's cover of "Hurt":
What have I become / My sweetest friend
Everyone I know / goes away / In the end
And you could have it all / My empire of dirt
I will let you down / I will make you hurt
These companies are killing each other and themselves out of pure greed.

It's supposed to be all about the users. But because of this stupid mess started by Apple and Nokia, now everyone is getting banned over vague, ambiguous junk patents.

Do I blame Google for fighting back? No, it's doing what it has to, to survive. But it's a part of the problem now. They all are. But Apple and Nokia deserve special credit for starting this mess, particularly Steve Jobs whose anti-Android rant was downright pathological.
Well, too bad mick. So far only androids have been banned. Samsungs have been banned. HTCs have been banned. These are expert judges, mick, how much legal school do you have? So I think they know a thing or two more than you and they say Android companies stole from Apple.

Maybe you should put that headline and stop writing this pro-Google sh!t.
And you, my friend, are part of the problem. You clearly do not understand my perspective in the slightest. And most definitely you are delusional.

RE: Throw Google Managers in prison
By Pirks on 8/21/2012 5:25:34 PM , Rating: 3
Jason likes my favorite Reznor's song! I'm a happy camper now :)))

By Cheesew1z69 on 8/21/2012 5:43:53 PM , Rating: 2
I already posted that video once to him, he quite obviously doesn't care and thinks he is correct in his thinking...

RE: Throw Google Managers in prison
By nafhan on 8/21/2012 5:45:29 PM , Rating: 4
It's hilarious that he thinks Google management should get thrown in jail for doing the same thing Apple management has been doing. Also, he bought up how "rectangles are owned by Apple" as an example of what Google's doing wrong! Sofa king funny!

I think basically for macdevdude to agree with you, you'd need to write from the point of view that: Apple does no wrong, and any company that creates good electronics/software is just "stealing" Apple's ideas, which means you'd have to redefine stealing as well since that's not even a concept that maps properly to IP.

By StevoLincolnite on 8/21/2012 11:02:08 PM , Rating: 3
It's funny you know.

All the other companies work together... Intel, Microsoft, AMD, Samsung etc'. They come up with new ideas, new standards and new technology to benefit everyone in the technology space.

Yet Apple goes around and sues the pants of everyone for rectangles, which is holding the entire industry back.

I hope the lawsuits get more intense against Apple, they need a reality check that they didn't invent everything.

By phatboye on 8/21/2012 5:53:04 PM , Rating: 3
Why do you guys keep arguing with MacDevDude, he is obviously a troll. No one in their right mind would ever think like he does.

By amanojaku on 8/21/2012 5:56:00 PM , Rating: 2
Of course he's delusional. He told you to shut up because you aren't an expert judge, then he goes to the Asian skull and Evolution articles and calls the expert scientists frauds.

RE: Throw Google Managers in prison
By BZDTemp on 8/21/2012 6:08:38 PM , Rating: 2
Kudos for the War Games reference :-)

RE: Throw Google Managers in prison
By Dug on 8/21/2012 7:26:32 PM , Rating: 2
Funny youtube video.

I would like to see a phone that resembles an iphone before the iphone came out.

Anyway, this about patents, not inventions.

And according to the Google patents from Motorolla they could sue everyone that uses a communication device.
So we will see if that is a more viable patent than a design patent.

By BSMonitor on 8/22/2012 3:11:53 PM , Rating: 1

This looks a lot like an iPhone... Wonder where they got the button-less touchscreen idea from??

"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke

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