ITC Rules Against Apple in Motorola Patent Case

Friday January 13, 2012 3:32 PM PST by Jordan Golson
In a preliminary ruling (PDF) today, the ITC ruled that Motorola's smartphones do not violate the Apple patents at issue, though the decision still needs to be approved by the full six-member ITC panel.
On this date, the ALJ issued an initial determination on violation of Section 337 and recommended determination on remedy and bond in the above-referenced investigation. It is held that no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. ยง 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile devices and related software by reason of infringement of one or more of Claims 1, 2, 10, 11, 24-26, and 29 U.S. Patent No. 7,812,828 ("the '828 Patent"), claims 1-7 and 10 of U.S. Patent No. 7,663,607 ("the '607 Patent"), and claims 1, 3, and 5 ofthe U.S. Patent No. 5,379,430 ("the '430 Patent").
The case goes back to November 2010, when the International Trade Commission agreed to investigate Apple's claims of patent infringement lodged against Motorola.

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37 months ago
I'm glad Apple is losing all these lawsuits. Hopefully it'll teach them a lesson.
Rating: 19 Votes
37 months ago
I just want all these lawsuits to end.
Rating: 8 Votes
37 months ago

This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.


You know this is prim example of why us apple fans are thought of nothing but blind fanboys who only worship Apple.
Apple been suing with crapents. Example are things like slide to unlock. The slab patent and so on.
Let's see in one us case the judge flat out called apple on their bs. Said that the law suit was not about protecting their ip but about slowing down their competitors also rule against Apple in that case.
Apple is quickly becoming the biggest patent troll in mobile.
Rating: 8 Votes
37 months ago

This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.


Whoa there. Got a little 'Roid Rage?
Rating: 8 Votes
37 months ago

Excellent. Motorola is now free to continue their downward spiral, unfettered.

Keep pushing, Apple. From what we've seen at CES, there is no shortage of targets.


I knew you would find some way to make this sound like a positive for Apple.
Rating: 6 Votes
37 months ago

... Apple is quickly becoming the biggest patent troll in mobile.


Let's at least use the right terminology!

A patent troll is one who buys and enforces patents against one or more alleged infringers, often with no intention to further develop, manufacture or market the patented invention.

Apple builds things, ergo, not a troll.
Rating: 5 Votes
37 months ago

Since the ITC's only remedy is a nuclear option (import ban), they are reluctant to use it. My guess is that as both Apple and Android OEMs keep losing these lawsuits, they will eventually change course, and Apple will adopt a licensing strategy.

If you read Foss Patents' blog, you get the impression that Apple needs to hire better lawyers, though. They seem to be making basic mistakes in the Android lawsuits.


Those patent wars need to find an end because they're just stupid. Patents on things like multitouch gestures is like having a patent on how to open a door or the grip of an umbrella - it's just ridiculous. The fact companies can get patents on such basic things just shows that there are people who don't know anything about technology are in the wrong positions.

btw foss patents isn't really a serious source. He's a lobbyist paid by Microsoft. https://plus.google.com/110351160992477343545/posts/5F5R8RJRicf
Rating: 5 Votes
37 months ago

Excellent. Motorola is now free to continue their downward spiral, unfettered.

Keep pushing, Apple. From what we've seen at CES, there is no shortage of targets.


Except there is one thing that Motorola beats Apple hands down at, RF. In a fringe area, a Motorola phone will make a call where the iPhone won't.
Rating: 5 Votes
37 months ago

re original article

possible karma effect

aapl copied xerox parc

now everyone copies aapl


actually, Steve Jobs and other Apple employees were allowed to see what was going on at Xerox Parc by the Xerox executives because they were too lacking in imagination and vision to see what kind of goldmine they were sitting on and protect it (and Xerox was also investing in Apple at that point). Jobs later hired several of the Xerox Parc team to work on Macintosh.

In the end though, should it be against the law to copy Apple's design and/or innovation? No (with some concrete exceptions). There have been multiple examples where Apple has improved on already existing technology and software (including the first GUI). But it's also pathetic to simply copy their ideas on the iPhone - to react rather than innovate (it's not always that way around, but until quite recently that has been the case far more often than not). A friend of mine used to work at Samsung's mobile design team and he was called into a meeting where his boss threw the first iPhone on the table and said 'make me something exactly like this!' They were all complacent and working under ludicrous and archaic corporate hierarchies (one ignorant and detached boss in South Korea had to approve every design and often did so on a whim...yes like Steve ;), but as Steve would say, it's all a matter of how much taste you have and how much work you put into understanding the product you're making), which meant there was no room for creativity or vision (reminds me of what eventually left IBM and Xerox behind). Why should an executive who got the job because his dad or uncle founded the company, knowing little about mobile phones and nothing about design, be the one who makes the only decision on which models are approved?

Imitation is the best form of flattery and Apple got a big head start and, what, doubled the size of their revenue with the iPhone alone? They should be satisfied with that and agree on some kind of licensing terms.
Rating: 4 Votes
37 months ago

This is a travesty of justice. I hope AAPL can hire some better lawyers and wipe the floor with these Android companies and send the Roid fanboys back to 'occupying' their parents' basement. Maybe it's time to send the Washington DC lobbyists to outright ban Android.

You don't have a wife and kids do you ?
Rating: 4 Votes

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