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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]



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RE: Someone go check on Tony
By mocyd on 8/21/2012 7:28:33 PM , Rating: 4
Cute :), but you must be having an episode of some kind. Usually your responses to things like this have some kind of meat in them- something to the effect of market cap or developers, etc. But your only response here is vague and lacking any real argumentative substance?

And the proverb/idiom is: "A drowning man *will* clutch at a straw." You really don't have to get everything wrong (or maybe you meant for the smiley to substitute "will"?).


RE: Someone go check on Tony
By frobizzle on 8/22/2012 12:49:31 PM , Rating: 2
quote:
But your only response here is vague and lacking any real argumentative substance?

All of his posts lack real argumentative substance. How was this one any different?


RE: Someone go check on Tony
By retrospooty on 8/22/2012 3:42:19 PM , Rating: 2
"All of his posts lack real argumentative substance. How was this one any different?"

That's not entirely true. Often Tony's posts has a great deal of argumentative substance. He spends a great deal of time picking and choosing arguments that favor Apple and leaving out info that favors Apple competition. It's not usually quick one liners. He spends some time on his biased spew.


RE: Someone go check on Tony
By BSMonitor on 8/22/2012 4:18:43 PM , Rating: 2
Only one argument needs mentioning aka denial... Take away touchscreen button-less phones from Android and there is no Android.. Period...

http://androidcommunity.com/google-vs-oracle-lawsu...


RE: Someone go check on Tony
By Cheesew1z69 on 8/22/2012 4:47:35 PM , Rating: 2
That phone...was a T MOBILE concept/prototype you idiot. And posting it at least 4 times in the same topic, doesn't make it change anything. Again, that was a T MOBILE concept/prototype. Not "Android"...not "Droid".... T MOBILE....

Love how you morons keep trotting out this picture as if it does ANYTHING to prove your lame points. Newsflash, it doesn't...


RE: Someone go check on Tony
By retrospooty on 8/22/2012 5:03:21 PM , Rating: 2
So no-one else is allowed to make a touchscreen phone ever again because Apple invented it? I hope they were aware of that when they copied the whole idea from the Treo.

If you want to say "Apple is being copied", then take it back to the root. Apple "copied" the whole mobile phone idea, as well as putting and OS and apps on a phone from Palm/Handspring. All companies do this. The entire industry builds off ideas of others. It always has, as all industries always have. Its as if to say, Toyota, GM, BMW and Honda shouldnt be allowed to make cars because they all copy Ford. Specifically Apple's suits are as if Ford sued GM because they have cupholders and mudflaps on their pick up trucks. It's petty and irrelevant.


"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs














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