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Motorola seeks to invalidate 11 Apple iPhone-related patents

post #1 of 97
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Handset maker Motorola has taken preemptive legal action against rival Apple in asking a court to invalidate 11 iPhone-related patents.

Motorola, which recently sued Apple over alleged patent violations, filed a complaint last week with a U.S. District Court in Delaware. The complaint seeks to invalidate a total of 11 patents awarded to Apple and NeXT Software, both companies founded by Apple Chief Executive Steve Jobs.

The preemptive strike notes that Apple has a "history of asserting" that handsets running Google's Android mobile operating system violate the 11 named patents. Motorola's suit notes that Apple's lawsuit against handset maker HTC, filed earlier this year, includes those patents.

The complaint asserts that Motorola is not infringing on the patents in question, and also attempts to prove to the court that the granted patents are invalid.

The patents specifically named in the lawsuit are:
U.S. Patent No. 5,455,599: "Object-oriented graphic system"
U.S. Patent No. 5,519,867: "Object-oriented multitasking system"
U.S. Patent No. 5,566,337: "Method and apparatus for distributing events in an operating system"
U.S. Patent No. 5,915,131: "Method and apparatus for handling I/O requests utilizing separate programming interfaces to access separate I/O services"
U.S. Patent No. 5,929,852: "Encapsulated network entity reference of a network component system"
U.S. Patent No. 5,946,647: "System and method for performing an action on a structure in computer-generated data"
U.S. Patent No. 5,969,705: "Message protocol for controlling a user interface from an inactive application program"
U.S. Patent No. 6,275,983: "Object-oriented operating system"
U.S. Patent No. 6,343,263: "Real-time signal processing system for serially transmitted data"
U.S. Patent No. 6,424,354: "Object-oriented event notification system with listener registration of both interests and methods"
U.S. Patent No. RE39,486: "Extensible, replaceable network component system"


Earlier this month, Motorola sued Apple, alleging that the iPhone maker has infringed on patents it owns. The lawsuit was filed through a subsidiary, Motorola Mobility Inc., with the U.S. International Trade Commission.

Motorola Mobility has accused Apple of violating a total of 18 patents it owns, related to a range of technologies including 3G, GPRS, 802.11 wireless, and antenna design. Specifically named Apple products include MobileMe and the App Store.

Given the numerous lawsuits and countersuits filed with the ITC involving Apple, it is likely that the iPhone maker will respond in kind to Motorola with a lawsuit of its own. In addition to legal battles with Motorola and HTC, Apple is also at odds with Nokia and Kodak.
post #2 of 97
Motorola has found out that they can not compete, so they are suing. Any other companies that legitimately have a case try to negotiate. Not Motorola. They can see that they are becoming irrelevant.
post #3 of 97
Quote:
Originally Posted by Marktrek View Post

Motorola has found out that they can not compete, so they are suing. Any other companies that legitimately have a case try to negotiate. Not Motorola. They can see that they are becoming irrelevant.

Isn't that what you do in patent related suits? Firstly, you argue there is no infringement because the patents are invalid. Logically this is the best thing to do because if the patent is invalid there is nothing to infringe. Then you argue that your own device does not fall within the claims of the patent.

Motorola are choosing not to wait for an infringement trial. I don't see what the issue is. You can read between the lines but they're essentially arguing what they would have done in any case.
post #4 of 97
All very tiresome. The endless lawsuits are completely out of control. Everyone is suing everyone over the same stuff. If it wasn't so pathetic it would be funny.



/sigh
post #5 of 97
What is motorola?
post #6 of 97
Riiiight.... you know Motorola, the company which is sooo incredibly innovative that they invented.... (crickets chirping)
post #7 of 97
I was just thinking an info graphic of this stupidity would be handy and here it is.. Thanks mate.

I reckon the mobile wars are going to have an interesting effect on the future of lawsuits and patents.

There is no court with the technical capacity and historical knowledge to determine the validity in this mess.

Most significantly all these cases are not based on infringement of IP, they are based on market share complaints (tantrums) that then look for excuses.
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post #8 of 97
Patents are getting ridiculous these days. Apple (and others) somehow think you can patent 'intuition' or 'structure'. And then sue some other maker that uses input methods, etc., which are similarly 'intuitive', or digital organization methods that are 'structured'. It's like McDonald's suing Burger King because Burger King puts a meat patty and cheese between 2 halves of a bun.
post #9 of 97
Quote:
Originally Posted by scotty321 View Post

Riiiight.... you know Motorola, the company which is sooo incredibly innovative that they invented.... (crickets chirping)

Six Sigma?

I think Motorola will have a hard time suing around anything to do with Object Oriented graphics, as Apple and NeXT were using them before Motorola even knew what a mobile phone was.

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Do not overrate what you have received, nor envy others.
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post #10 of 97
Quote:
Originally Posted by frugality View Post

Patents are getting ridiculous these days. Apple (and others) somehow think you can patent 'intuition' or 'structure'. And then sue some other maker that uses input methods, etc., which are similarly 'intuitive', or digital organization methods that are 'structured'. It's like McDonald's suing Burger King because Burger King puts a meat patty and cheese between 2 halves of a bun.

Is THAT what they're putting between that bun? I wondered what it was!
post #11 of 97
Glancing at the patent's that Motorola wants to invalidate, they might as well try to invalidate patent rights to Mac OS X...

These are very fundamental patents and I find it more than unlikely that they would succeed, but that they go the route of saying "this shouldn't be patenteed" versus "this is our IP and they used it", which is what they are doing with their other lawsuit.

"Nothing to loose" tactic?
post #12 of 97
Motorola is probably still hurting over the fact that they could have been the iPhone maker.
But no, they crippled ROKR with a 100-song max and horrendously bad interface. Steve Jobs
said the absolute minimum about ROKR, and Apple refused to promote it. That unpleasant
experience obviously triggered Apple's in-house development of the iPhone.

More evidence to support my theory that the best way for two companies to become mortal
enemies is to work on a joint high-profile project. Sooner or later (instantaneously in the case
of Apple + Motorola = ROKR) the companies long-term orthogonal goals will cause a painful
breakup. Happens almost every time.

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post #13 of 97
Sounds more like Motorola wants to cross license with Apple and is trying to force them to the table. Good luck with that.
post #14 of 97
Nice,have been saving that RAZR phone for years now, can resell it on ebay when they win!!! Going to Disney.
post #15 of 97
Quote:
Originally Posted by SockRolid View Post

Motorola is probably still hurting over the fact that they could have been the iPhone maker.
But no, they crippled ROKR with a 100-song max and horrendously bad interface. Steve Jobs
said the absolute minimum about ROKR, and Apple refused to promote it. That unpleasant
experience obviously triggered Apple's in-house development of the iPhone.

More evidence to support my theory that the best way for two companies to become mortal
enemies is to work on a joint high-profile project. Sooner or later (instantaneously in the case
of Apple + Motorola = ROKR) the companies long-term orthogonal goals will cause a painful
breakup. Happens almost every time.

Besides the 100 song limit the ROKR was a piece of crap phone. Motorola took an existing phone and tried to shoe horn iTunes on it. And you needed a microSD card to store the song on. The card and the SIM were held in place by metal tabs that broke off every few days.

Zander tried to convince Steve Jobs that it was a "great" design. Thank god Steve did not listen to him else we would all be listening to music on a Wp5.5 phone.
post #16 of 97
Quote:
Originally Posted by Zoolook View Post

Six Sigma?

I think Motorola will have a hard time suing around anything to do with Object Oriented graphics, as Apple and NeXT were using them before Motorola even knew what a mobile phone was.

Huh? Motorola was in the cellular phone business long before Apple was, well, hardly anything.
post #17 of 97
Quote:
Originally Posted by SockRolid View Post

Motorola is probably still hurting over the fact that they could have been the iPhone maker.
But no, they crippled ROKR with a 100-song max and horrendously bad interface. Steve Jobs
said the absolute minimum about ROKR, and Apple refused to promote it. That unpleasant
experience obviously triggered Apple's in-house development of the iPhone.

More evidence to support my theory that the best way for two companies to become mortal
enemies is to work on a joint high-profile project. Sooner or later (instantaneously in the case
of Apple + Motorola = ROKR) the companies long-term orthogonal goals will cause a painful
breakup. Happens almost every time.

I always wondered about the ROKR. It seems to me that Apple forcing Moto to limit it to 100 songs would be more likely as it would keep it from hurting iPod sales. I see no reason why Moto would want that artificial cap. What argument and/or proof is there that Moto is the one that limited the number of tracks.
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post #18 of 97
Quote:
Originally Posted by Thermaikos View Post

What is motorola?

Desperate to catch up.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #19 of 97
Quote:
Originally Posted by scotty321 View Post

Riiiight.... you know Motorola, the company which is sooo incredibly innovative that they invented.... (crickets chirping)

The first cellular phone & cellular network. Back then, it was still analog, and Max Headroom was selling Pepsi to a new generation. But that was a long time ago. Back to the Future predicted we would have flying cars and hoverboards by the year 2015.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #20 of 97
Motorola obviously believe that Apple will sue them next after they finish with HTC. Apple v HTC is really a test run for Apple v Android and Motorola is betting big on Android. What we are seeing here is a preemptive move to disarm Apple before it goes after Motorola.

I just wish all these firms would try to win by creating better products and not simply try to block the competition.
post #21 of 97
Quote:
Originally Posted by Marktrek View Post

Motorola has found out that they can not compete, so they are suing. Any other companies that legitimately have a case try to negotiate. Not Motorola. They can see that they are becoming irrelevant.

Relax, nuisance patent lawsuits have no merit; they are just a form of trade negotiation, a kind of chess game played by corporate patent attorneys to justify their existence. The goal is to get the other side to either drop their suit or sign a cross-license deal. Either way, the attorneys make off like bandits.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #22 of 97
I didn't realize that, at least in a legal capacity, NeXT still exists.
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post #23 of 97
Quote:
Originally Posted by AeronPrometheus View Post

I didn't realize that, at least in a legal capacity, NeXT still exists.

Where did you get that?
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post #24 of 97
Reading the post? I've never seen NeXT called out in a current day patent dispute before. Maybe I didn't pay enough attention. Didn't Apple absorb NeXT or does it still exist for select things within the company like FileMaker?
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post #25 of 97
Quote:
Originally Posted by AeronPrometheus View Post

Reading the post? I've never seen NeXT called out in a current day patent dispute before. Maybe I didn't pay enough attention. Didn't Apple absorb NeXT or does it still exist for select things within the company like FileMaker?

The only mention of NeXT in the article is to state the origin of one or more of the patents, but Motorola is suing Apple to invalidate the patents they own. When Apple absorbed NeXT they also absorbed the ownership of those patents and all other IP.
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post #26 of 97
Ahahahahahahahahahahahahahahahahahahahahahahahahah ahahahahahahahah

*breathes*

Ahahahahahahahahahahahahahahahahahahahahha!!1!1!

Hello Moto! You're just too funny these days.
post #27 of 97
I think, software patents are stupid and should not be allowed in the first place. If I sit in my basement and mind my own business, coming up with some nice method of doing this or that in my programs, I should not have to worry about some company that came up with the same method before me and put a patent on it. Next thing you know, they put a patent on how to breathe air ...
post #28 of 97
Quote:
Originally Posted by frugality View Post

Patents are getting ridiculous these days ... It's like McDonald's suing Burger King because Burger King puts a meat patty and cheese between 2 halves of a bun.

As simplistic as your example is, it's pretty accurate and damn funny!
post #29 of 97
Quote:
Originally Posted by Marktrek View Post

Motorola has found out that they can not compete, so they are suing. Any other companies that legitimately have a case try to negotiate. Not Motorola. They can see that they are becoming irrelevant.

There's nothing in the article to suggest this is more than conjecture. They may have tried negotiating first. I wish more companies would settle these things out of court. Corporate litigation does affect the cost of things, and ties up the court systems.
post #30 of 97
Quote:
Originally Posted by Thermaikos View Post

What is motorola?

Most of us owned more Moto phones and for many years than the iPhone, so you know who they are and I'm sure are a customer of theirs even now. Cable modem, set top cable box, etc…
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post #31 of 97
Quote:
Originally Posted by dasanman69 View Post

Most of us owned more Moto phones and for many years than the iPhone, so you know who they are and I'm sure are a customer of theirs even now. Cable modem, set top cable box, etc

All third-rate.
post #32 of 97
Quote:
Originally Posted by Marktrek View Post

Motorola has found out that they can not compete, so they are suing. Any other companies that legitimately have a case try to negotiate. Not Motorola. They can see that they are becoming irrelevant.

you mean like apple is negotiating out of that 600+ million dollar award for patent violations? oh wait, they are appealing it. not good sports are they? why not pay up? losers.
post #33 of 97
Quote:
Originally Posted by anantksundaram View Post

All third-rate.

I'm sure you thought they were the shiznit when you had them. The Star TAC was the best cell phone I ever owned.
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post #34 of 97
Quote:
Originally Posted by solipsism View Post

Where did you get that?

Uhm, cause they were mentioned in the LAWSUIT? Catch up...
post #35 of 97
Quote:
Originally Posted by Suddenly Newton View Post

Relax, nuisance patent lawsuits have no merit; they are just a form of trade negotiation, a kind of chess game played by corporate patent attorneys to justify their existence. The goal is to get the other side to either drop their suit or sign a cross-license deal. Either way, the attorneys make off like bandits.

Finally a voice of reason. These lawsuits are nothing more than a chest thumping pissing contest. Regardless of what you or I might think Apple needs Moto and Moto needs Apple. They'll negotiate a happy little cross licensing deal and be done with it.
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post #36 of 97
Quote:
Originally Posted by coolcat View Post

Uhm, cause they were mentioned in the LAWSUIT? Catch up...

Gotcha, thanks for the heads up.

AI doesnt put any images on their forum posting of the article they dont even put a link to the artciles main page half the time so I missed it.
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post #37 of 97
If you can't beat them SUE THEM !

When Apple wasn't a top player nobody cared what they were doing. Now that their on the top tier everyone is bring litigation against them. What a great world we live in.
post #38 of 97
Quote:
Originally Posted by chrup View Post

I think, software patents are stupid and should not be allowed in the first place. If I sit in my basement and mind my own business, coming up with some nice method of doing this or that in my programs, I should not have to worry about some company that came up with the same method before me and put a patent on it. Next thing you know, they put a patent on how to breathe air ...

Ok, everyone who has posted here:

1. If you have a patent, raise your hand.
2. If you have have ever applied for a patent, raise your hand.
3. Heck, if you have ever had a copyright, raise your hand.

I am willing to bet the sum total of 1-3 is 0 or close to 0.
post #39 of 97
Quote:
Originally Posted by StLBluesFan View Post

Huh? Motorola was in the cellular phone business long before Apple was, well, hardly anything.

Motorola developed the first prototype commercial use portable cellular telephone handset (the DynaTAC) in '74. But it was Bell labs that put together the first workable commercial cellular system in the US in 1984 - without which the DynaTAC couldn't work. However it was NTT in Japan in '79 that produced the global first full system of 1st gen cellular voice networking, followed closely by the NMT system in Scandinavia in '81. The DynaTAC would not become available to the commercial market until 1984. The Simon Personal Communicator, by IBM and BellSouth, was the first mobile phone to add PDA features, including pager, calculator, address book, fax machine, and e-mail device in a 20oz package costing $900 - released in '93. The lightweight Motorola StarTAC was released in 1996, and was the fore-bearer of the modern flip-phone style.

So to get your dates correct: Apple was incorporated in mid '76 and its first IPO was in '80. In fact no, Moto wasn't in it such a long time before Apple was doing business, and it can be successfully argued that Apple was "something" while Moto was trying to produce the StarTAC. Being "in the biznizz" and actually being commercially successful are two different benchmarks by the way. So the StarTAC - being Moto's first commercially available consumer cell phone was trotted out in 1996, the next year Steve Jobs returned to pull Apple out of it's death spiral and the rest, is history. You should read up on these technologies sometime. The rapidity with which these things developed is very exciting when you know what you are talking about.
post #40 of 97
Quote:
Originally Posted by Orlando View Post

Motorola obviously believe that Apple will sue them next after they finish with HTC. Apple v HTC is really a test run for Apple v Android and Motorola is betting big on Android. What we are seeing here is a preemptive move to disarm Apple before it goes after Motorola.

I just wish all these firms would try to win by creating better products and not simply try to block the competition.

who are also busy suing the handset makers to drive licensing of various interface patents. Already have HTC on board. Moto's next and then LG, Sony Eriksson, Samsung and so on. OR, they will cut you a great deal if you make them some fine looking handsets for WinPhone 7.
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