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07-30-2013, 02:41 PM #1
Both Apple and Motorola Dismiss Patents from Upcoming Case in Florida
In a recent filing, both Apple and Google’s Motorola agreed to drop a combined 14 patents from a Florida case which was slated to go to trial in 2014. This narrows the claim to a total of 8 patents-in-suit. The decision to pare down the Miami trial’s assertions leaves each company with four patents in play, down from a total of 24 patents and hundreds of claims and counterclaims according to Florian Mueller.
In the recent stipulation, which has yet to be accepted by the District Court of the Southern District of Florida, Motorola dismissed 8 patents while Apple ended up dropping 6 properties. The Cupertino California company dropped two patents prior to the joint order filing.
Mueller notes that presiding Judge Robert N. Scola pushed the trial schedule back four months due to the parties’ inability to agree on how to narrow the scope of the case without input from the court. Previously in April, the jurist accused both Motorola and Apple of using the court system as a “business strategy” rather than a means to settle their dispute.
The parties dismissed roughly half of the patents with prejudice, though reassertions of those properties are only barred from being used against products and services related to this particular case and identical actions. This leaves a door open for future infringement claims against different products or services. As pointed out by Mueller, the companies are focusing on patents that are of strategic value and not those which may yield high damages. Apple is leveraging a patent for missed phone call management while Motorola is asserting a property it used in Germany to block iCloud push notifications for one year. The ruling was ultimately stayed in April by Karlsruhe Higher Regional Court.
Those of you who are interested in reading further about the patents, both the ones dismissed and the ones that are still part of the suit can do so by hitting the source link below.
Source: FOSS Patents, Scribd