Apple sues Motorola: A look at the complaints

Apple sues Motorola: A look at the complaints

Summary: Apple has sued Motorola over multi-touch patents in two separate lawsuits. Motorola sued Apple Oct. 6.

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TOPICS: Apple, Legal, Mobility
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Apple has sued Motorola over multi-touch patents in two separate lawsuits.

The complaints, first reported by Patently Apple, were filed Oct. 29 and cover six patents. In the first complaint, the main document is only 9 pages, but one exhibit---patent 7,479,949---is broken into two parts and weighs in at a whopping 362 pages. Motorola on Oct. 6 sued Apple for patent infringement.

In a nutshell, Apple is suing Motorola over its smartphone portfolio including the Droid, Droid 2, Droid X, Cliq, Cliq XT, BackFlip, Devour A555, Devour i1, and Charm.

The primary patent is 7,479,949, which covers touchscreen device, method and interface. Other patents in the Apple lawsuit include 6,493,002 and 5,838,315.

In its first complaint, Apple said:

Motorola directly infringes and/or will infringe the ’949 patent by making, using, selling, offering for sale, and importing the mobile devices and related software practicing the claimed inventions of the ’949 patent. Moreover, Motorola is aware of the ’949 patent, at least because Motorola was provided with a copy of this Complaint upon its filing. Motorola indirectly infringes the ’949 patent by knowingly inducing the infringement of these patents by end users of its mobile devices. Further, on information and belief, Motorola contributes to the infringement of the ’949 patent because Motorola knows that its mobile devices are made for use in infringement and are not staple articles of commerce suitable for substantial non-infringing use.

The second complaint is very similar, but covers patents 7,812,828, 7,663,607 and 5,379,430.

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The second complaint is very similar, but covers patents 7,812,828, 7,663,607 and 5,379,430.

Topics: Apple, Legal, Mobility

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64 comments
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  • RE: Apple sues Motorola: A look at the complaints

    Motorola has a very slim profit margin. A lost to Apple would wipe it out and cause it to go into bankruptcy.

    Good riddance, Motorola!
    jameskatt
    • Cross licensing

      @jameskatt Or they can avoid the pain without spending a lot of money by cross licensing with Apple.
      wackoae
      • Not so fast! at Least regarding touchscreens

        Before the iPhone ever existed, Motorola had a lot of phones that had touchscreens and multitouch, among them:<br><br>-Ming<br>-E690 (probably used stylus, can t remember)<br>-A668 (had finger multi touch)<br><br>Come to mind, I'm sure there are more, and these phones were marketed before 2007.<br><br>Now the Object Oriented Locator System. (5,379,430) maybe the only one that may hold any water, the rest most likely will get dismissed. Motorola can easily claim previous art with this and actually make money if other companies "sued" by Apple licensce the patent to protect themselves from Apple. <br><br>Samsung will be in a similar boat, as they also had similar phones.<br><br>Apple may in the long run regret this action as it has a huge potential to backfire and shield other competitors from "Apple's Treasure Patents"
        Uralbas
        • It can actually hurt Apple badly

          If Motorola is able to prove they had the technology first and can also prove they held patents for it. Apple's deck will crumble like cards and they can get counter sued for ALL phones they made and hit there money vault badly.

          Deal is, it is easy to push HTC around, they are new comers to the business. Not so much the old heavy weights.
          Uralbas
      • RE: Apple sues Motorola: A look at the complaints

        @uralbas HTC has been around for a long time. By just didn't sell devices here under the HTC brand. But they made palms, jornada, and many other pdas and smartohones, throughout the last decade.
        Jimster480
      • Typical Counter Lawsuit Action!

        @wackoae But Motorola holds all the aces in this game, having been in the Cell Phone business longer than any other manufacturer. What they are basically trying to do is get Apple's patents invalidated using prior art and their history as a pioneer in mobile technology. This was easy to see the moment Apple launched iPhone. Motorola has gone through all the steps of giving prior notice on launch of iPhones in 2007. This is just the phase where it'll go to court and with their overwhelming evidence kick the CrApple out Apple!!! :D ......my bet is on at least half of Apple's ridiculous common sense patents get invalidated and CrApple ends up paying the Piper that came way before them!!!
        i2fun@...
      • RE: Apple sues Motorola: A look at the complaints

        Apple sees their iOS dominance slip away and resorts to the abuse of the utter corruption that is software patentability to try and save themselves.
        raimu koyo asu
      • RE: Apple sues Motorola: A look at the complaints

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      • RE: Apple sues Motorola: A look at the complaints

        Apple sues<a href="http://www.fullscreenmag.com/"><font color="light&amp;height"> about it</font></a> is bank that <a href="http://tormentahd.com/"><font color="light&amp;height">website</font></a> attacked from the <a href="http://www.blamemymom.com/"><font color="light&amp;height">site support</font></a> from any soldier <a href="http://www.christophertruscott.com/"><font color="light&amp;height">site</font></a> to the light <a href="http://www.grouserblog.com/"><font color="light&amp;height">home page</font></a> is great Motorola
        musdahi
    • So since they have a slim profit market

      they should be forced into bankrupcy?

      Why is it people fear competition for Apple?
      Tim Cook
      • RE: Apple sues Motorola: A look at the complaints

        @Mister Spock It's like any other religion; Apple is sacred and can do no wrong. It also supports its users addiction to gadgets they don't really need but like to imagine it makes them superior to the vast unwashed who haven't "seen the light". They can't use another product, even if it's more reliable, less expensive, and more functional because it won't support their feeling of being among the elite group.<br>Great example in the guy's post above; wishing for Motorola's demise so Apple can prosper more. All they need is a book of scriptures that talk about how "in the end, all its enemies will be brought to ruin, and the wicked will be destroyed, leaving only the Apple faithful to worship and live in a paradise surrounded by small screens filled with activities and chores to keep them from actually ever doing anything that matters.
        garyleroy@...
    • I disagree because...

      @jameskatt Motorola does not manufacture smart phones only which means they have other revenue sources. In fact, they have several different foci (set-top boxes and digital video recorders to name a few) and so does Apple (mp3 players and computers, for example).
      statuskwo5
    • Apple and M$ must die

      @jameskatt
      along with the patent trolls.
      The closed source model is dead and this is the last gasp of the 2 dying monopolist dinosaurs!
      Linux Geek
      • RE: Apple sues Motorola: A look at the complaints

        @Linux Geek = King Troll
        babyboomer57
    • RE: Apple sues Motorola: A look at the complaints

      @jameskatt : You think Motorola is a small mom and pop company? Errrr. If there is a decision [this stuff can drag on for years], in the end, *if* Motorola is found guilty this stuff would result in an 8 digit fine. Not much more. You think it would be in the billions? *If* Motorola loses, they could just request to have the fine re-examined.
      Gis Bun
    • RE: Apple sues Motorola: A look at the complaints

      @jameskatt Or the bogus lawsuit will get thrown out of court. Or Google will step in with Microsoft and sue apple into bankruptcy. Because their frivolous patent trolling is becoming quite annoying. Patents on touch screen devices? Apple didn't invent touch screens. Nor did they invent any touch screen technology and they also weren't even the first to implement touch technology. So they should hold a total of 0 patents for a technology that they did nothing but use in a couple of their devices.
      Jimster480
      • RE: Apple sues Motorola: A look at the complaints

        @Jimster480
        And seeing as how Apple is not suing on the issue of touch screens, what exactly is your point.

        Question: Do you you actually know anything about touch technology or patent law? Because your comments make it clear that the answer to both is no.
        DeusXMachina
  • Of course

    Apple sees their iOS dominance slip away and resorts to the abuse of the utter corruption that is software patentability to try and save themselves.

    It's time to put these anti-American companies in their place and say enough is enough.
    Tim Patterson
    • RE: Apple sues Motorola: A look at the complaints

      @Tim Patterson
      One thing wrong with your theory: Motorola sued Apple before Apple counter sued Motorola
      illegaloperation
    • RE: Apple sues Motorola: A look at the complaints

      @Tim Patterson

      LOL, Apple's iOS losing its dominance?

      Hello it was Motorola who sued Apple first because they are completely clueless in smartphone technology so resorts to the abuse of the utter corruption that is software patentability to try and save themselves.
      AdanC