DailyTech - ITC Judge Smacks Down Google in Patent Suit Against Apple

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Gadgets ITC Judge Smacks Down Google in Patent Suit Against Apple
Jason Mick (Blog) - December 19, 2012 10:06 AM

21 comment(s) - last by foolsgambit11.. on Dec 21 at 8:19 AM

Patent could have been used to carry out an import ban on the iPhone

Google Inc. (GOOG) received a blow on Tuesday when U.S. International Trade Commission Administrative Law Judge Thomas Pender ruled that a patent on proximity sensor behavior belonging to Google subsidiary Motorola Mobility was invalid.

The patent, U.S. Patent No. 6,246,862 is one of six utility patents Google is using [PDF] to try to ban import of Apple, Inc.'s (AAPL) iPhone smartphone and iPad tablet. Motorola spokeswoman Jennifer Weyrauch-Erickson in a comment to Reuters remarked, "We're disappointed with this outcome and are evaluating our options."

Apple and Google are both keen to convince the ITC that the other infringes on its intellectual property, as their suits/countersuits have already been dismissed with prejudice from federal courts three times. In other words the ITC is likely both companies' last hope at banning each others' products in the U.S.

The ITC had previously ruled that three other patents in the case were either invalid or were not infringed upon by Apple products. That leaves only two patents Apple may have infringed upon. The full panel of judges assigned to the case will review these preliminary conclusions and make a final decision on whether to accept or reject Motorola Mobility's request for injunctive relief (a ban on Apple imports).

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

Google purchase Motorola Mobility in April 2011 for $12.5B USD. The purchase was completed earlier this year, after it was finally greenlighted by regulators in China.

Source: Reuters

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RE: Are we heading towards a patent-bubble?

By JackBurton on 12/19/2012 2:22:11 PM , Rating: 1

Exactly! It's like the owner prosecuting the thief and then people claiming the owner started it by filing a lawsuit. Give me a break.

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RE: Are we heading towards a patent-bubble?

By Solandri on 12/19/2012 4:07:36 PM , Rating: 5

Here's my monthly repost: Just because the first time you saw something was on an Apple product doesn't mean that Apple invented it. Here's multi-touch and pinch to zoom in 1988 (so long ago that any patents on it have expired):
http://www.youtube.com/watch?v=dmmxVA5xhuo#t=4m30s

This site is a good intro to the history of touch and multitouch systems. It should give some badly needed perspective to those of you claiming that other companies are "stealing" things from Apple.
http://www.billbuxton.com/multitouchOverview.html

The complaint isn't about Apple protecting stuff they invented. It's about Apple taking out patents on stuff which was so commonplace in industry research that nobody thought it was patentable. But surprise the USPTO granted the patents, and now they're suing people for implementing stuff which everyone already knew about and how to do before Apple ever dreamed of making a phone.

Bringing to mass market != inventing.

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RE: Are we heading towards a patent-bubble?

By retrospooty on 12/19/2012 6:20:16 PM , Rating: 2

"Exactly! It's like the owner prosecuting the thief and then people claiming the owner started it by filing a lawsuit. Give me a break."

No exactly... Its more like the thief stole it, then a 2nd thief stole it from the 1st thief and the first thief acts as if it's an outrage.

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"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser