Apple ITC loss against Motorola highlights fading patent mojo

Apple ITC loss against Motorola highlights fading patent mojo

Summary: Apple is starting to hit roadblocks in its battle against Android phones and patent suits in the United States and abroad.

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TOPICS: Mobility, Apple, Legal
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Several months ago, it looked like Apple was becoming unstoppable in the courts when it came to patent infringement suits against Android manufacturers -- at least abroad.

Apple managed to secure (at least temporarily) bans against the sales of Samsung Galaxy Tab devices in Australia and Europe, although most of those have been overturned if they were ever enforced.

Yet, Apple has not really been as successful in its fight against Android over patents in the United States.

Today, the U.S. Trade Commission found that Motorola, in particular, does not violate Apple's patents on several of the Droid smartphones along with a few others, dealing a huge blow to Apple's seemingly global legal campaign.

CNET reports that the ruling is still a preliminary one, which needs to be approved by the full ITC commission.

Nevertheless, this isn't the first major loss in recent memory for Apple. In fact, the Cupertino company has hit several roadblocks in the last two months, possibly signaling a major turning point for the company's influence and power both in the U.S. and Europe.

Let's take a look at some other recent cases:

On the flip side, Apple's opponents have been far less successful in securing and then enforcing bans against the sale of Apple products nearly anywhere. Apple also seems to be on a roll against HTC.

However, it's beginning to become very clear that Apple is not as untouchable nor unbreakable as it might have seemed a year ago.

Related:

Topics: Mobility, Apple, Legal

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12 comments
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  • RE: Apple ITC loss against Motorola highlights fading patent mojo

    M$ is next.
    Return_of_the_jedi
    • RE: Apple ITC loss against Motorola highlights fading patent mojo

      @Return_of_the_jedi Android is unstoppable!
      slickjim
    • Yes, MS is next

      @Return_of_the_jedi

      to Win.

      All facts point to that logical conclusion.
      Tim Cook
      • RE: Apple ITC loss against Motorola highlights fading patent mojo

        @Mister Spock
        You assume a win without knowing the case or claim, not a logical move
        daikon
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  • Law is not politics, and these aren't the primaries

    [ul][i]the Cupertino company has hit several roadblocks in the last two months, possibly signaling a major turning point for the company???s influence and power both in the U.S. and Europe.[/i][/ul]That's kind of a hard statement to take seriously. It would make a lot more sense if judges in the various countries were interpreting and ruling according to the same laws, and were also watching what each other were doing.

    But that doesn't happen. A judge in the U.S. does not care what a judge in Germany ruled about a case brought under German law. The various arguments and precedents are going to be wildly different. What is persuasive (or permissible) under German law might not be under French law, and vice versa. So this isn't some campaign where if you win in Iowa it helps you in New Hampshire, and so on. Each country is going to be a totally different situation depending on their patent laws, and who filed what when in that particular country.
    Robert Hahn
  • RE: Apple ITC loss against Motorola highlights fading patent mojo

    apple is toast! Next M$ and Oracle will crush and burn!
    LlNUX Geek
  • Again with the Moto case

    Are ZDNet so desperate that they can't let a lie die? It was proven that Motorola sued the WRONG company and that Apple did not lose because the dumb lawyers submitted documents that were accusing a non existent company with the word Apple in it.

    So why after many weeks of being proven WRONG are ZDNet bloggers still claiming that Motorola won an injunction against the iPhone?
    wackoae
    • RE: Apple ITC loss against Motorola highlights fading patent mojo

      @wackoae
      Is ZDNET so..
      You do have reliable links to what you claim.
      daikon
      • Feel free to Google it ....

        @daikon It was discussed to death the same day the allegged injunction was reported.

        In fact, you can find multiple ZDNet reports about Moto's legal screw up.
        wackoae
    • I see no one is presenting any kind of

      @wackoae... counter to your argument. So it stands there is no counter isn't that so Perer Perry?

      Pagan jim
      James Quinn
  • Should mention Australian fine too

    While you are mentioning the italian fine, you should also mention that Apple was fined $2.25m in Australia for misleading claims that the iPad was 4G compatible.
    paulhknight