Wednesday, April 24, 2013

Apple dealt another blow in ITC spat with Motorola

Apple dealt another blow in ITC spat with Motorola The U.S. International Trade Commission today ruled that Apple's iPhones andtablets violate one amongst Motorola Mobility's patents relating toAndroid devices, dealing another blow to Apple within spat between the two companies.

In a preliminary determination (PDF) from ITC Judge Thomas Pender this morning, the ITC said Apple was violating no doubt one of Motorola Mobility's patents covering 3G wireless technology. With its original complaint, Motorola said Apple was infringing in the patent, together with four others, show casing mobile devices, maybe even including the iPhone andiPad.

The ruling is preliminary and requirements as being licensed by the ITC's full six-member commission. The result is a loss for Apple nexus 4 case against Motorola Mobility at the begining of January, when quasi-judicial group testified that Motorola's Droid smartphones were not, the reality is, violating three of Apple's patents. Apple filed that complaint against Motorola in October 2010, alongside two lawsuits.

"We are satisfied a ALJ's initial determination finds Apple to stay in violation of Motorola Mobility's intellectual property, and nexus 4 bumper show forward to the entire commission's ruling in August," Motorola said durring an e-mailed statement.

Related storiesApple extends olive branch to Motorola, Samsung?Judge orders Google, Motorola to hand over Android data to AppleApple wins different person against Motorola in GermanyITC: Motorola shouldn't Nexus 4 Hard Case violate Apple patents

In a statement, Apple said hello planned to appeal the decision.

"We're glad the legal court ruled within favor on three of 4 patents patents being considered," the manufacturer said within the statement. "The fourth covers industry-standard technology which Motorola has refused to license to Apple on reasonable terms. A court in Germany has ruled that Apple decided not to infringe during this patent, and then we believe we have a relatively strong case on appeal."

Last month, Apple asked a California court to prohibit Motorola while using that patent as ammunition where separate German suit, because the patent that your was a standards-essential patent for GPRS. Apple chided Motorola to create the pledge to supply it under "Frand," or "fair, reasonable, and nondiscriminatory terms." (Read our primer on that here.)

Technology companies these days have increasingly turned into the ITC to stay their disputes. Companies can pursue an ITC case in parallel with civil lawsuits, plus the threat of embargo on products typically forces companies to stay quicker.

Updated at 11:52 a.m. PT via an updated statement from Apple.

No comments:

Post a Comment