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08-07-2013, 08:33 PM #1
Apple Wins Appeal with ITC Reinstating Case against Motorola
The U.S. court of Appeals for the Federal Circuit ruled in favor of Apple recently, reinstating the company’s complaint against Google-owned Motorola Mobility. The ruling overturns a decision from the U.S. International Trade Commission from March 2012, when the commission dismissed Apple’s complaint against Motorola. Apple appealed the ruling and with the recent decision, the case will proceed as reported by Florian Mueller.
Apple’s original case involved three patents. The appeals court reprimanded the ITC, and reversed its decision on two of the original patents in question, including U.S. Patent No. 7,663,607: "Multipoint touchscreen" and U.S. Patent No. 7,812,828: "Ellipse fitting for multi-touch surfaces.” According to Mueller:
Today's remand decision gives Apple another opportunity to win a U.S. import ban against the Google subsidiary's Android-based devices, which would have the Android ecosystem at large concerned.
For those of you who didn’t already know, Apple first filed the ITC complaint in October 2010 in response to a Motorola patent attack, alleging that the Droid, Droid 2, Droid X and other smartphones infringed on existing multitouch patents. The subsequent investigation concluded in January when an ALJ found that Motorola were not in violation of the asserted Apple patents.
We’ll have to see what decision the case will lead to and how it will affect the two companies.
Source: FOSS Patents
08-07-2013, 08:44 PM #2
Last edited by dsg; 08-07-2013 at 08:55 PM.
08-08-2013, 01:20 AM #3
Patents are ideas these days and Apple submitted the application for patent protection of their engineers hard work and patentable idea. Why can't they protect their idea from free use by competitors and sue them when they copy their idea. Without at least paying a FRAND price per instance of each patent use in the competitors product line.
The ITC, IPTO and whoever else need to make multitouch patents a FRAND patent. It's essential to every touch screen device and to outright disallow competitors from using multitouch is wrong on Apples part, they should realize its a FRAND situation and not a litigation matter unless they can't agree on price per unit. Case in point Motorola suing Apple for not agreeing to a FRAND license price on one of Moto's patents Apple was using.
08-08-2013, 07:09 AM #4
This is odd since they just got the same type of decision flipped for their own purposes.
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08-09-2013, 12:22 AM #5
Obama lost respect on this one that is all I got to say.
08-09-2013, 02:07 AM #6