US ITC to investigate Apple's products in response to Motorola complaint
The U.S. International Trade Commission announced on Tuesday that it has voted to investigate Apple's lineup of products, including the iPhone, iPad and Macs, in response to a complaint lodged by Google-owned Motorola Mobility.
Motorola has alleged that Apple's products violate section 337 of the Tariff Act of 1930. The handset maker hopes the ITC will block the importation of Apple's devices that Motorola believes infringe upon its patented inventions.
The ITC's decision to investigate is not an indication of a future ruling for or against Apple. The commission frequently elects to investigate patent infringement complaints filed by major corporations.
The ITC said Tuesday that its determination will come at the "earliest practicable time." A target date for completion will be set within 45 days after the investigation begins.
Motorola filed its latest lawsuit against Apple with the ITC last month. The suit accuses Apple of infringing upon seven Motorola Mobility patents related to features such as location reminders, e-mail notifications, and video playback functionality.
"We would like to settle these patent matters, but Apple?s unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers? innovations," Motorola said in a statement issued in August.
As patent infringement claims continue to grow in the mobile phone market, the ITC has been very busy with complaints relating to Apple and its rivals. Just last week, an ITC judge ruled that Apple did not infringe upon patents owned by Samsung.
Motorola has alleged that Apple's products violate section 337 of the Tariff Act of 1930. The handset maker hopes the ITC will block the importation of Apple's devices that Motorola believes infringe upon its patented inventions.
The ITC's decision to investigate is not an indication of a future ruling for or against Apple. The commission frequently elects to investigate patent infringement complaints filed by major corporations.
The ITC said Tuesday that its determination will come at the "earliest practicable time." A target date for completion will be set within 45 days after the investigation begins.
Motorola filed its latest lawsuit against Apple with the ITC last month. The suit accuses Apple of infringing upon seven Motorola Mobility patents related to features such as location reminders, e-mail notifications, and video playback functionality.
"We would like to settle these patent matters, but Apple?s unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers? innovations," Motorola said in a statement issued in August.
As patent infringement claims continue to grow in the mobile phone market, the ITC has been very busy with complaints relating to Apple and its rivals. Just last week, an ITC judge ruled that Apple did not infringe upon patents owned by Samsung.
Comments
Quote:
Originally Posted by AppleInsider
The U.S. International Trade Commission announced on Tuesday that it has voted to investigate Apple's lineup of products, including the iPhone, iPad and Macs, in response to a complaint lodged by Google-owned Motorola Mobility...
... the official litigation subsidiary of Google. In an effort to avoid having its own name associated with lawsuits filed by it, Google recently acquired Motorola Mobility for $12.5 Billion to use a front for legal actions.
It's tit for tat. How often does Apple offer to work out agreements with competitors?
Originally Posted by Russell
It's tit for tat.
It's not in the slightest.
How often does Apple offer to work out agreements with competitors?
Very, if not always. Even Samsung got offers before lawsuits.
Quote:
Originally Posted by Russell
It's tit for tat. How often does Apple offer to work out agreements with competitors?
It's not, and they do often. Actually Apple and Moto have an agreement in Germany.
Quote:
Originally Posted by thataveragejoe
It's not, and they do often. Actually Apple and Moto have an agreement in Germany.
Was that not after the German courts had ruled against Apple for the push email?
Originally Posted by mugsz
I am so sick of all these lawsuits and want to boycott any company involved. Problem is that I would need a very long cord for my land line.
I am so sick of people who know nothing about what is going on and think their "boycotts" mean anything beyond self-shorting.
This is terrifying news for consumers of the best products. Courts must not allow Apple products to be banned under any circumstances. I cannot believe they are even allowing this investigation. I'm outraged.
Sorry Google. It will never happen.
Quote:
Originally Posted by anonymouse
... the official litigation subsidiary of Google. In an effort to avoid having its own name associated with lawsuits filed by it, Google recently acquired Motorola Mobility for $12.5 Billion to use a front for legal actions.
It's just that Motorola owns the patents AND is a manufacturer. Without Motorola, Google would have no leverage. Purchasing up an OEM was the only possible route they had when it came to 'defending' Android.
And how many of those are FRAND?
And of the FRAND patents, how many have you actually offered fair, reasonable, and non-discriminatory terms?
And how many of the patents are already exhausted due to component suppliers paying you royalties?
Quote:
Originally Posted by Tallest Skil
...
Very, if not always. Even Samsung got offers before lawsuits.
I think these "offers" are disingenuous both ways. Google may propose something that Apple will never accept. Apple may propose something that Samsung will never accept (and couldn't even counter because it would acknowledge guilt). Means nothing, but sounds nice in a later court action.
Then how do you explain that Apple's proposed licensing agreement was OK with Microsoft if it was so unfair and never meant to be accepted?
Quote:
Originally Posted by Russell
It's tit for tat. How often does Apple offer to work out agreements with competitors?
When laws require them to. Often, more often than not in fact, the items being infringed are not SEP and therefore are not under FRAND rules so Apple doesn't have to license them. And they don't. But they will sue if the other side uses it. When it is the case that it is something owned by the other side, they will license it from that side under the legally allowed terms if they are using or want to use the legally specified tech. But they will not allow themselves to be bent over with games such as charging insanely high prices because "Apple can afford it" when it is legally prohibited, double dipping etc.
In the end this means nothing. The ITC is avoiding claims of bias by announcing they will investigate. They will do it and discover that Apple isn't using Moto's patents to achieve the same idea (which isn't protected under IP law) and dismiss the complaint. Or that it is a FRAND issue, there is patent exhaustion, etc and dismiss the complaint. All by the book. Happens probably a dozen times a week but the other 11 times don't get press because the companies aren't the guaranteed fodder for hit whoring blogs etc
Well we've clearly seen that Apple seems to be pretty good at getting patents for things they use. Motorola's patents may be similar to the techniques but I'm sure Apple has their own patents for whatever isn't FRAND.
K.
Another attempt by Google to convince themselves and everyone else that this $12 billion white elephant was actually worth it.
So, in essence, $12 billion for a complaint against Apple.
Smooth, Google. Very smooth.