backtop


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


This article is over a month old, voting and posting comments is disabled

RE: GO Google
By Tony Swash on 8/22/2012 4:40:31 AM , Rating: -1
This suite will probably fail as Googrola are using weaker patents than they used in their first wave of failed legal actions against Apple. Remember Motorola sued Apple first.

Meanwhile Apple have already won. They have successfully deterred Samsung from blatant product copying and as a result Samsung have tried to make the designs of it's new products different than Apple's, fatally they appear to be trying to come up with their own original designs. The result is a predictable disaster.

http://www.androidpolice.com/2012/08/21/samsung-ga...

On an even more pleasing note: it is now clear that the iPad, coming hard on the heels of the iPhone, have driven Microsoft into the insanity of attacking their own user base. Go Apple!

http://www.pcgamesn.com/article/why-i-m-uninstalli...

Best quote from the article:

quote:
I think it may well be easier to alter my own birthday than to edit when it’s currently set for in the Windows 8 calendar. I really want to be making this up.


RE: GO Google
By karlostomy on 8/22/2012 7:46:35 AM , Rating: 5
^^^
sad troll.


RE: GO Google
By SlyNine on 8/25/2012 12:09:24 PM , Rating: 2
I don't know who your talking about? -1 who is that? I can't see any of his text ever, why is that? Weird

People, just stop arguing with trolls. They feed on that even tho they know they are wrong.


RE: GO Google
By mocyd on 8/22/2012 1:52:21 PM , Rating: 3
quote:
This suite will probably fail as Googrola are using weaker patents


Based on what? Your own supposition/bias? On initial overview these patents look to be at least as strong as the patents Apple sued over. It's entirely possible (and probable, based on initial overview) that Google lawyers found patents that in Motorola's portfolio that Motorola overlooked. These methods look exactly like functionality that the iPhone has, especially 5,922,047.

quote:
Meanwhile Apple have already won.


Yeah, Apple has had success on the tablet side. Kudos to them.

On the cell phone side, Samsung is trouncing them. Samsung won without the courtroom with innovative product design and good market penetration.

But your point is still not relevant to the patents that are being brought up here. You're talking about Apple's case against Samsung rather than the validity Google's newly acquired IP in the case against Apple.

quote:
it is now clear that the iPad..... have driven Microsoft into the insanity of attacking their own user base


Wow, even less relevant to the topic at hand- we're talking about Microsoft, a company not even involved in the suits/patents mentioned here.

Weren't you talking about grasping straws earlier?


"It seems as though my state-funded math degree has failed me. Let the lashings commence." -- DailyTech Editor-in-Chief Kristopher Kubicki














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki