Apple could see U.S. import ban following ITC review of Motorola patent win

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Comments

  • Reply 21 of 65
    rufworkrufwork Posts: 130member


    In my best Admiral Stockdale voice:


     


    This sure makes copyleft look like a smart idea.

  • Reply 22 of 65
    gqbgqb Posts: 1,934member
    darkvader wrote: »
    Perhaps a short import ban will teach Apple to stop filing so many frivolous lawsuits.

     

    Right... Apple should unilaterally disarm.
  • Reply 23 of 65
    msimpsonmsimpson Posts: 452member


    Seems odd that Motorola can sue over a Wi-fi patents since Apple does not make its own Wi-fi chips as far as I know.  They purchase chips from companies like Broadcom that Apple then integrates into their devices.  These chips are similar to wi-fi chips used in other manufacturers devices.  


     


    To create and sell these chips companies like Broadcom would be required to pay the license fees (and pass the cost on to its customers).  Many of these companies may also hold patents related to Wi-fi that also fall into the FRAND category - essential to the standard so the patent owners have agreed to include them in the standard for everyone to use in return for licensing fees.  Holders of essential patents to standards will often form cross-licensibng agreements to counter each others contributions.  So Broadcom might make a deal with Motorola allowing the use of their patents in return for Motorola letting Broadcom using theirs.  It would seem like some fees or deal would have been made before the chips were 


     


    But unless Apple is designing and building its own wi-fi chips it seems likely that licensing was already covered by the makers of the wi-fi chips that Apple does use, just like every other company that uses those chips.  So Motorola seems to be asking to get paid twice.  But then Motorola does not want to negotiate according to Apple's filings.


     


    Bottom line - if Motorola did win this case, every other wi-fi device not made by Motorola could also be banned from the market.

  • Reply 24 of 65
    sockrolidsockrolid Posts: 2,789member

    Quote:

    Originally Posted by msimpson View Post


    Bottom line - if Motorola did win this case, every other wi-fi device not made by Motorola could also be banned from the market.



     


    Even-more-bottom line: lull in Apple news/rumors between WWDC and the Mountain Lion release, gotta post *something*.

  • Reply 25 of 65
    hmayeshmayes Posts: 29member

    Quote:

    Originally Posted by msimpson View Post


    Seems odd that Motorola can sue over a Wi-fi patents since Apple does not make its own Wi-fi chips as far as I know.  They purchase chips from companies like Broadcom that Apple then integrates into their devices.  These chips are similar to wi-fi chips used in other manufacturers devices.  


     


     


    To create and sell these chips companies like Broadcom would be required to pay the license fees (and pass the cost on to its customers).  Many of these companies may also hold patents related to Wi-fi that also fall into the FRAND category - essential to the standard so the patent owners have agreed to include them in the standard for everyone to use in return for licensing fees.  Holders of essential patents to standards will often form cross-licensibng agreements to counter each others contributions.  So Broadcom might make a deal with Motorola allowing the use of their patents in return for Motorola letting Broadcom using theirs.  It would seem like some fees or deal would have been made before the chips were 


     


    ...


     


     




    Bottom line - if Motorola did win this case, every other wi-fi device not made by Motorola could also be banned from the market.


     



     


    I don't think what's in question is the chip itself, but how the chip is implemented. It's very possible Apple implements their WiFi chips in a way that infringes on this patent, and another manufacturer does not. I'm no expert in electrical engineering, and this patent seems to be describing a very low-level access to the chip, so I suppose this type of method could be build directly onto the chip hardware, but it could be a function of manufacturer implementation, which I infer to be the case here, because the paten suit is ongoing.

  • Reply 26 of 65
    gatorguygatorguy Posts: 24,213member

    Quote:

    Originally Posted by msimpson View Post


    Seems odd that Motorola can sue over a Wi-fi patents since Apple does not make its own Wi-fi chips as far as I know.  They purchase chips from companies like Broadcom that Apple then integrates into their devices.  These chips are similar to wi-fi chips used in other manufacturers devices.  


     


    To create and sell these chips companies like Broadcom would be required to pay the license fees (and pass the cost on to its customers).  Many of these companies may also hold patents related to Wi-fi that also fall into the FRAND category - essential to the standard so the patent owners have agreed to include them in the standard for everyone to use in return for licensing fees.  Holders of essential patents to standards will often form cross-licensibng agreements to counter each others contributions.  So Broadcom might make a deal with Motorola allowing the use of their patents in return for Motorola letting Broadcom using theirs.  It would seem like some fees or deal would have been made before the chips were 


     


    But unless Apple is designing and building its own wi-fi chips it seems likely that licensing was already covered by the makers of the wi-fi chips that Apple does use, just like every other company that uses those chips.  So Motorola seems to be asking to get paid twice.  But then Motorola does not want to negotiate according to Apple's filings.


     


    Bottom line - if Motorola did win this case, every other wi-fi device not made by Motorola could also be banned from the market.



    It's  not that unlike some of the patents that Microsoft is bringing claims against Moto for. Apple also appears to infringe on some of the same ones (some may even be essential), but that doesn't require that MS sue them. Selective enforcement of your IP isn't uncommon.


    http://www.dailytech.com/Of+Lawsuits+and+Licensing+The+Full+Microsoft+v+Android+Story/article23088.htm

  • Reply 27 of 65
    markbyrnmarkbyrn Posts: 661member
    Apple's all out 'thermonuclear' litigation strategy is really starting to bear fruit and if Apple doesn't win another stalemate here, it's really time for Mr. Sewell to walk the long plank.

    [URL=http://forums.appleinsider.com/image/id/169334/width/348/height/303][IMG]http://forums.appleinsider.com/image/id/169334/width/348/height/303[/IMG][/URL]
  • Reply 28 of 65
    christophbchristophb Posts: 1,482member

    If Apple really did steal Motorola's IP, then their products should be banned.

    Speaking of banned....
  • Reply 29 of 65
    gwlaw99gwlaw99 Posts: 134member
    cameronj wrote: »
    That's why you don't want judges making the decisions about that sort of thing.  Because the next case comes up to another judge and you get a totally different outcome.  Lack of predictability in the justice system is a very bad thing.

    You are joking right? That is how the entire legal system works. You have appellate courts to settle discrepancies in the district courts and the Supreme court to settle differences among the circuit courts.
  • Reply 30 of 65
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by markbyrn View Post



    303


     


    That's right, sucker.


     


    You just take a big ol' juicy bite...


     


    snow-white-apple.jpeg

  • Reply 31 of 65
    cameronjcameronj Posts: 2,357member

    Quote:

    Originally Posted by gwlaw99 View Post





    You are joking right? That is how the entire legal system works. You have appellate courts to settle discrepancies in the district courts and the Supreme court to settle differences among the circuit courts.


     


    Yeah, GWlaw, I'm serious.  In case you haven't noticed the legal system isn't working so well recently when it comes to IP.  Consider the possibility that you might have a vested interest, as someone who likely gets paid more the more the legal system is bogged down and the more lawyers are needed to decide who can do what.  Eh?

  • Reply 32 of 65
    hill60hill60 Posts: 6,992member
    These are Google's patents in their new guise as patent trolls, they even gave some away to HTC in a failed troll attempt.

    Another demonstration of hypocrisy, brought to you by Google.
  • Reply 33 of 65
    darkvader wrote: »
    Perhaps a short import ban will teach Apple to stop filing so many frivolous lawsuits.

     

    Perhaps a short import ban will teach Apple to stop protecting its intellectual property rights.
  • Reply 34 of 65
    quadra 610quadra 610 Posts: 6,757member

    Quote:

    Originally Posted by GalaxyTab View Post





    What professional basis is your claim made under?


     


    When it comes to their own products, Apple's always got their legal ducks in a row . . . . "GalaxyTab"  LOL

  • Reply 35 of 65
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by Quadra 610 View Post


     


    When it comes to their own products, Apple's always got their legal ducks in a row . . . . "GalaxyTab"  LOL



     


    Now, Quadra 610, don't you sell him short... ;-)

  • Reply 36 of 65

    Quote:

    Originally Posted by Gatorguy View Post


    I don't see any reason Apple wouldn't cross-license with Motorola just as they did with Nokia. Both cases involved FRAND-pledged IP, and both had threats of injunctions hanging over them. Apple and Moto, and Moto/MS are just jockeying for position now. I think the courts are catching on to that too.





    But MotoMo wants to get their hands on Apple's family jewels of patents: Those that make iDevices operate so "Applee."

  • Reply 37 of 65
    gwydiongwydion Posts: 1,083member

    Quote:

    Originally Posted by Macky the Macky View Post




    But MotoMo wants to get their hands on Apple's family jewels of patents: Those that make iDevices operate so "Applee."



    And what are those patents?

  • Reply 38 of 65
    gwydiongwydion Posts: 1,083member

    Too early, first coffe, then comment
  • Reply 39 of 65
    cnocbuicnocbui Posts: 3,613member

    Quote:

    Originally Posted by GTR View Post


     


    That's right, sucker.


     


    You just take a big ol' juicy bite...


     


    snow-white-apple.jpeg



     


    Ooooo!  Can I play?


     


    jbvIh4BwC6c4u9.jpg

     

  • Reply 40 of 65
    fredaroonyfredaroony Posts: 619member

    Quote:

    Originally Posted by GalaxyTab View Post





    What professional basis is your claim made under?


    None I imagine :)

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