"Googorola" Aims to Ban Most Apple Products, Accusing iMessage Infringes
September 21, 2012 7:33 AM
comment(s) - last by
Google says Apple ripped off Motorola's patented messaging technology
crushing court defeat
of Samsung Electronics Comp., Ltd. (
), Apple Inc. (
) won a key battle in its fight against Google Inc. (
), but the war remains far from over.
I. Motorola Hit Back
Previously, Google (via
Motorola Mobility) and Apple had fought each other to a standstill with
Judge Richard A. Posner
Seventh Circuit Court of Appeals
judge moonlighting in the
U.S. District Court, Northern District of Illinois
the pair's suits/countersuits with prejudice arguing that both side effectively just wanted to ban the other's products and wasn't looking for legitimate damages.
That stalemate left Google with limited options. However, it is now pursuing its biggest and best opportunity to hurt Apple -- a
U.S. International Trade Commission
complaint. With the complaint Google is looking to hit Apple hard,
banning nearly every single one of its products
, including all its best-selling devices.
The ITC independent investigates patent dispute claims. And as most mobile device makers -- including Apple -- manufacture their products exclusively
, its panel of judges essentially have as much power as a federal judge and jury, as they can order a blockade on imports -- an effective sales ban -- if they feel infringement occurred. That's precisely the route Apple used to temporarily
stifle the sales of Android phonemaker HTC
) in May.
Google is seeking to ban virtually all Apple's devices [Image Source: Apple]
For its new complaint Google-Motorola was careful not to use one of its 3G or 4G patents, which may be illegal to sue Apple with, given that they were
developed for industry standards
. Instead, Google-Motorola is using
U.S. Patent No. 6,983,370
, a broad patent that describes cross-platform messaging to a "plurality of messaging clients". The patent was filed in 2001 and granted to Motorola in 2006 by the
U.S. Patent and Trademark Office
Apple may be treading on dangerous ground, given how broad Motorola's patent is. Its best bet may be to try to find cracks in certain Motorola claims and then try to challenge the patent on the grounds of invalid claims construction. Otherwise it could find almost of its products -- the iPhone, most iPods, the iPhone, the iPad, and Mac computers -- banned from import into the U.S.
II. Vague, Yes, But Motorola Could Win
To be clear Google's patent is almost laughably ubiquitous -- it's basically claiming that any messaging client that uses Wi-Fi or cellular data connections is in violation of its patent.
But again, logic and reason have
long since left town in patent land
in the U.S.
For example Apple's big win against Samsung in part came thanks to a pair of patents that were equally ridiculous, if not more so. One patent was a design patent covering a
broad array of smartphone shapes
(rectangular with curved edges), while a second was the so-called "rubber-band" patent, which granted Apple exclusively rights to have its graphical user interface mirror a kind of commonly occurring natural phenomena (a transient effect). That would be like if you patented making a graphical element move in a spiral.
In addition to the messaging patent, Motorola also is claiming iOS and OS X infringe on several other patents --
U.S. Patent No. 5,883,580
(COVERS: geo-tagging and time-stamping messages FILED: 1997 GRANTED: 1999);
U.S. Patent No. 6,493,673
(COVERS: markup language for user messages and input FILED: 2000 GRANTED: 2002);
U.S. Patent No. 5,922,047
(COVERS: processing control signals from multimedia/telephony apps FILED: 1996 GRANTED: 1999);
U.S. Patent No. 6,425,002
(COVERS: interapplication message passing FILED: 1998 GRANTED: 2002);
U.S. Patent No. 7,007,064
(COVERS: memory management for wireless communications FILED: 2002 GRANTED: 2006); and
U.S. Patent No. 7,383,983
(COVERS: pausing messaging content FILED: 2005 GRANTED: 2008).
Nearly all of Motorola's current claims is built around broad messaging patents.
[Image Source: Scribd]
If you see a central theme it's because there is one -- basically Motorola has patents that cover virtually every single aspect of wireless messaging and it's looking to use that non-FRAND portfolio to punish Apple.
If Apple can win on such confounding patents, it would not surprise for Google-Motorola to potentially score a similar logic-defying win, assuming luck is in their favor at their day in court.
to investigate the claim against Apple, so the filings are now on the public record and win, lose, or draw Motorola will at least have its day in court.
This article is over a month old, voting and posting comments is disabled
RE: Work the body Samsung; Google you work the head
9/22/2012 4:47:45 AM
Microsoft never owned a significant stake to begin with.
The "investment" in 1997 was $150 million in limited non-voting shares created out of thin air by diluting existing stock. Those shares were sold three years later. By comparison, Apple had a $3 billion market cap and $1.2 billion in cash, far greater than the $150 million in funny money.
The substantial part of the deal was the agreement by Apple to drop lawsuits against Microsoft (good to help MS save face since the DOJ was coming down hard on them at the time), for Microsoft to continue making Office for the Mac (put confidence in a struggling platform), and for the companies to enter a very long period of cross-licensing.
It continues to this day, Microsoft makes a lot from Apple by selling Office and ActiveSync licenses. In regards to smartphones, Microsoft has mobile UI and technology licenses from Apple (Samsung refused to license and went to court over it) while Apple uses ActiveSync across all of their devices. Full use of ActiveSync protocols is one of the big reasons why iOS is so much more secure than Android.
Apple and Microsoft are actually very cozy, the marketing and "investment" and such is just a dog and pony show for the masses.
"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson
Doomsday for Samsung in U.S., Jury Rules it Slavishly Infringed Apple's Patents
August 24, 2012, 5:56 PM
Google Seeks to Ban Almost Apple's Entire U.S. Product Line
August 21, 2012, 4:50 PM
Samsung Product Chief Takes Issue With Apple "Owning" the Rectangle
July 31, 2012, 1:03 PM
U.S. Patent System is Broken, Declares Judge in Android v. Apple Cases
July 6, 2012, 1:12 PM
China Labor Watch Releases Poor Report on Apple Supplier's Working Conditions in China
June 29, 2012, 2:05 AM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Leak: Apple Preps for First Real Android App Foray With New Apple Music App
October 24, 2015, 1:59 PM
Pepsi Smartphone? Empty Calories Coming Soon to the Midrange
October 12, 2015, 11:41 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information