German court rules Motorola Xoom doesn't violate Apple's iPad patents

Posted:
in iPad edited January 2014
The Motorola Xoom tablet doesn't infringe on Apple's patented design for the iPad, a German court ruled on Tuesday.

Apple's lawsuit against Motorola was dismissed and Apple was denied its request to ban sales of the Xoom throughout the European Union, according to the Associated press. The Dusseldorf court also denied Motorola's request to invalidate Apple's community design rights for the iPad, which protect the distinctive appearance of products.

Motorola's courtroom victory isn't a major blow to Apple, as the Xoom, first released in 2011, has not had an impact on sales of the iPad. Since the launch of the Xoom, Motorola Mobility was purchased by Google for $12.5 billion.

Tuesday's outcome is similar to a U.S.-based decision from earlier this month, in which Judge Richard Posner dismissed Apple's patent infringement case against Motorola.

One key Apple-Motorola dispute that remains is with the U.S. International Trade Commission, which issued an initial ruling in April that deemed Apple violated one of four Motorola Mobility patents. The ITC has yet to review the ruling related to a Motorola Wi-Fi patent, but the commission's decision could possibly lead to an import ban on Apple products using Motorola technology.

Xoom


Motorola first sued Apple in 2010 for alleged infringement on a range of wireless communications patents. The iPhone maker filed a countersuit with the ITC but the commission ultimately cleared Motorola of any wrongdoing in March.
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Comments

  • Reply 1 of 34
    quadra 610quadra 610 Posts: 6,744member
    LOL not that it really matters at this point.

    It's the *example* that Apple is after. Keep digging, Apple. You'll turn up gold eventually. They already have, anyway.
  • Reply 2 of 34


    Moto is singing "All I wanna do is Xooma Xoom Xoom Xoom in a boom boom, just shake ya rump"

  • Reply 3 of 34
    charlitunacharlituna Posts: 7,215member


    odd that they wouldn't officially invalidate the design rights but by saying Moto didn't violate it they basically have done just that


     


    I suspect that Apple isn't going to push on the physical design issues. Sure they would love to win and they aren't going to drop all their cases but in the end the word is out to the public and that is the court that really matters. So what if legally something can sell if everyone just sees it as a copy cat and goes for the original. It's the tech patents that Apple is more likely to keep pushing over as they should. Both as the offense and the defense. Particularly when the other side is playing games with FRAND patents 

  • Reply 4 of 34
    galaxytabgalaxytab Posts: 122member
    [QUOTE]As the court ultimately rejected both parties’ claims, it ordered Apple to pay two-thirds of costs and Motorola to pay a third, the spokesman added.[/QUOTE]

    http://************/2012/07/17/motorola-xoom-does-not-violate-ipad-design-patent-rules-german-court/#FIdf5eRDqMlxZiw5.99[

    #FAIL

    ----
    WTF - You can't link to 9to5mac here? #DOUBLEFAIL #SOINTENSE
  • Reply 5 of 34
    jragostajragosta Posts: 10,473member
    charlituna wrote: »
    odd that they wouldn't officially invalidate the design rights but by saying Moto didn't violate it they basically have done just that

    The two matters are entirely different. They did not invalidate the patent, so it is still considered valid. They simply said that the Xoom doesn't fall under the claims. That doesn't mean that another device that looks more like the iPad won't fall under the claims. See, for example, how much closer the Tab is to the iPad's design patents. It's entirely possible that the Tab will still fall under the claims of the patent.
  • Reply 6 of 34
    raptoroo7raptoroo7 Posts: 138member


    Compare the iPad to the Xoom to the Galaxy Tab 10.1.  The Xoom and Galaxy Tab look more alike than either of them do to the iPad.  I get it Apple is ticked off that at Samsung over trade dress (packaging yes, product design no).  But the as much as I like Apple products the barrage of lawsuits does show real fear over competition and less about IP protection.  A good number of the patents the USPTO have given should never have been issued.  Judge Posner is right the system is a mess and needs MAJOR reform.

  • Reply 7 of 34
    just_mejust_me Posts: 590member

    Quote:

    Originally Posted by jragosta View Post





    The two matters are entirely different. They did not invalidate the patent, so it is still considered valid. They simply said that the Xoom doesn't fall under the claims. That doesn't mean that another device that looks more like the iPad won't fall under the claims. See, for example, how much closer the Tab is to the iPad's design patents. It's entirely possible that the Tab will still fall under the claims of the patent.


    Samsungs original tab externally looked too similar and rightfully were sued, but the OS is totally different.  With the 2nd and N version of it they do not.

  • Reply 8 of 34
    patranuspatranus Posts: 366member


    Germany, Yawn.


    Get back to me when courts in countries (by that I mean in America) rule on this as those countries (again, America) are the only ones that significantly impact Apple's bottom line.

  • Reply 9 of 34
    just_mejust_me Posts: 590member

    Quote:

    Originally Posted by Patranus View Post


    Germany, Yawn.


    Get back to me when courts in countries (by that I mean in America) rule on this as those countries (again, America) are the only ones that significantly impact Apple's bottom line.



    You need to check where apples revenues come from. Majority is outside America


     


    http://techcrunch.com/2012/04/24/apples-iphone-sales-in-china-are-up-by-fivefold-from-a-year-ago/

  • Reply 10 of 34
    sleepy3sleepy3 Posts: 244member

    Quote:

    Originally Posted by Patranus View Post


    Germany, Yawn.


    Get back to me when courts in countries (by that I mean in America) rule on this as those countries (again, America) are the only ones that significantly impact Apple's bottom line.



     


     


    USA USA USA!!!


     


    Screw those other "countries" and their small eyed, flat nosed, funny looking people. Bunch of spooks and coons as far as I can see. 


     


    USA USA USA!!!

  • Reply 11 of 34
    buzdotsbuzdots Posts: 451member

    Quote:

    Originally Posted by sleepy3 View Post


     


     


    USA USA USA!!!


     


    Screw those other "countries" and their small eyed, flat nosed, funny looking people. Bunch of spooks and coons as far as I can see. 


     


    USA USA USA!!!



     


     


    Good to see some levity now and then!!

  • Reply 13 of 34
    dasanman69dasanman69 Posts: 12,980member
    sleepy3 wrote: »

    USA USA USA!!!

    Screw those other "countries" and their small eyed, flat nosed, funny looking people. Bunch of spooks and coons as far as I can see. 

    USA USA USA!!!

    Nice imitation of Apple ][
  • Reply 14 of 34
    quadra 610quadra 610 Posts: 6,744member
    just_me wrote: »
    You need to check where apples revenues come from. Majority is outside America

    http://techcrunch.com/2012/04/24/apples-iphone-sales-in-china-are-up-by-fivefold-from-a-year-ago/

    Americas? Including everything north AND south of the Mason-Dixon? Canada? South America?

    America(s) is the single biggest source. It takes a combination of other countries to equal and surpass the "Americas" (but not by very much.)

    In any event, If anything were to happen to Apple in the US alone, that would be a serious problem.

    The single most important market, the one that can make or break your brand, is indeed the USA.
  • Reply 15 of 34
    It certainly doesn't violate the "Method to Sell a Sh*tload of Units" patent.
  • Reply 16 of 34
    sleepy3sleepy3 Posts: 244member

    Quote:

    Originally Posted by ranReloaded View Post



    It certainly doesn't violate the "Method to Sell a Sh*tload of Units" patent.


    But it sure violates the hell out of the "Rectangular object with rounded edges patent"


     


    Can't believe the court is letting motorolla get away with that. It is OBVIOUSLY a rectangle with rounded edges. The Judge must be blind. 

  • Reply 17 of 34
    gatorguygatorguy Posts: 20,720member


    Apple was awarded a patent for this amazing idea today. Imagine tapping "email" and a list of emails is presented that you can scroll thru. Or perhaps touch "Music" and a scrollable list of your music appears. Brilliant! Who would have imagined it. . .


     


    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=8,223,134.PN.&OS=PN/8,223,134&RS=PN/8,223,134

  • Reply 18 of 34
    daylove22daylove22 Posts: 215member

    Quote:

    Originally Posted by sleepy3 View Post


     


     


    USA USA USA!!!


     


    Screw those other "countries" and their small eyed, flat nosed, funny looking people. Bunch of spooks and coons as far as I can see. 


     


    USA USA USA!!!



    without them USA is screwed...look who give you the money to pay your bills...

  • Reply 19 of 34
    hungoverhungover Posts: 602member

    Quote:

    Originally Posted by Quadra 610 View Post





    Americas? Including everything north AND south of the Mason-Dixon? Canada? South America?

    America(s) is the single biggest source. It takes a combination of other countries to equal and surpass the "Americas" (but not by very much.)

    In any event, If anything were to happen to Apple in the US alone, that would be a serious problem.

    The single most important market, the one that can make or break your brand, is indeed the USA.


     Sorry but you do seem to be clutching at straws. not sure why you feel the need to though.


     


    Do you honestly believe that Patranus was suggesting that he is more concerned about the courts in Chile than Germany?


     


    Whilst I would expect that Apple are more concerned about breaking China (than sales in the USA per se) I do agree that the USA is probably the most important with regard to their "make or break". Even in Apple's darkest days they were able to rely upon free global publicity from Hollywood, which meant that almost every computer seen in movies was a Mac. Those kind of global endorsements are invaluable. 


     


    I am not sure though that the USA is make or break for other phone makers. eg ZTE, ... actually most brands now that I come to think of it

  • Reply 20 of 34
    sleepy3sleepy3 Posts: 244member

    Quote:

    Originally Posted by Gatorguy View Post


    Apple was awarded a patent for this amazing idea today. Imagine tapping "email" and a list of emails is presented that you can scroll thru. Or perhaps touch "Music" and a scrollable list of your music appears. Brilliant! Who would have imagined it. . .


     


    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=8,223,134.PN.&OS=PN/8,223,134&RS=PN/8,223,134



    I'm no Apple fanboy. Tallest Skil can attest to that. But after reading the patent, it is obviously valid.


     


    The patent is NOT for displaying a list. THAT would be STUPID. 


    The patent actually relates to a means for allowing a user to know how far down the list they are by bringing up a scroll bar which hides itself automatically and moves in relation to where on the list the user is. 


    IMO, VALID. And again, read my posts, I'm no blind fanboy. 


     


    And to be fair, its not like this is the only way of letting a user know where on a list they are. You can make a percentage counter, a circle icon, there are lots of other ways, so this one isn't one of those stupid patents that people talk about that are either vague or obvious. 


    The way I look at it, if a work around can be found in 5 minutes (as i just did....and i really should patent that) then yeah, it should be upheld as valid cause if you just copy it, KNOWING that its patented, and lets remember that according to law you must know that you are infringing (i think) well that's just lazy on your part)


     


    My opinion anyway. And again, I'm definitely no Apple fanboy. 

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