Apple files motions for temporarily disabling Motorola to sue it because of the Google buyout
The first case should be starting in April of next year, and by that time it's still not clear if the deal will have passed all regulatory scrutiny and paperwork.
"Apple should not have to face the threat of an injunction based on the claims of a party that now has no standing to bring those claims.", say Cupertino's lawyers, and "Apple will be expending enormous resources litigating claims against a party that does not have standing".
How does Motorola, which is still an independent company until the buyout gets approved, not have "standing", is not exactly clear, but that's the way the legal system works. It's a long shot that Apple's motions will get approved, delaying the two lawsuits that Motorola has pending against it, but the legal team obviously thought they'd give it a try with the following arguments:
"To further its pending acquisition by Google, Motorola has surrendered critical rights in the patents-in-suit, such that Motorola no longer has prudential standing to pursue this action. According to the publicly-filed Merger Agreement, Motorola has ceded control of the most basic rights regarding the patents-in-suit. Absent Google's consent, Motorola cannot: (1) sue for infringement of its patents in any new action; (2) settle pending litigation (including this case) that would require a license to any of its patents; (3) license or sublicense its patents except in limited circumstances relating to the sale of Motorola’s products; (4) assign its rights in its patents; and/or (5) grant a covenant not to sue for infringement of its patents."
Much is at stake here, since Google is counting on some of Motorola's patents to stave off the Android lawsuits Apple is starting left and right. If the cases get delayed, then Apple could directly charge Google with counter-lawsuits, this time aimed squarely at Android, not specific devices, and it's anyone's guess what will happen.
Google recently transferred a bunch of patents to HTC, to help it in the legal battle with Cupertino, and four of them were of Motorola's make, so it's evident that El Goog won't sit still and let the legal storm clouds gather in the sunny sky above Mountain View.
2. som posted on 13 Sep 2011, 05:24 10 4
Rotten Apple inc. I will never touching any more Apple products in my life because of Apple lawsuits and banned Samsung Galaxy phones, it is an unfair competition and very bad actions by Apple to stop Samsung from selling their products.
3. Man2006 (unregistered) posted on 13 Sep 2011, 05:34 10 5
F**k you Apple! That's all that I have to say.
36. iKingTrust (banned) posted on 13 Sep 2011, 10:18 0 2
Why are you saying here? Go tell them, we dont care
4. ayephoner posted on 13 Sep 2011, 05:59 4 2
all the mobile companies play a legal chess match with all the other mobile companies. lol at all the posts on this page about apple being the bad guy or the ones to blame. you really think all the other companies dont do the same things to each other?
6. jroc74 posted on 13 Sep 2011, 06:18 3 1
Lately....its been mostly all about Apple tho. I'm pretty sure....especially with the guy that writes the blog for FOSS Patents...if he could point out others doing the same thing, he would.
He may be a tad bit biased towards Apple....
10. remixfa posted on 13 Sep 2011, 06:55 8 1
because all companies sue eachother from time to time for patent infringement. Noone has ever acted like apple, who is suiing pretty much everyone and anyone and most of the time its not for patents, its design similarities which except for Germany, which seems to allow bar napkin drawings as proof, is a pretty hard thing to win a lawsuit for. Its more of apple trying to scare off smaller manufacturers by tying up the big guys in million dollar lawsuits. When apple gets sued they seem to lose 9 out of 10 times because they get sued for obvious patents. When apple sues they actually seem to not win that often.. probably less than half. But Im sure they know that going into it. Its not about winning, its about fear and draining resources.
18. ilia1986 posted on 13 Sep 2011, 08:39 1 0
ayephoner, please explain your position. I don't get it. I really don't.
According to your avatar - you Jailbroke your iPhone - which means that you oppose the entire idea of Apple's walled garden - and thus everything by which the company stands for. You might even be aware of the awesomeness of Android seeing that it enables people to do what not even the person with ALL of the cydia tweaks installed could.
Yet you continue to defend them. Why ayephoner, why? I too have an iPhone 4 - and I too have jailbroken my device - and my eyes were opened at how GOOD it is to tweak your phone. But I soon discovered that there are still some core things which are integral in Android - which are missing from Cydia en masse. Ever since that I HATE Crapple - and everything they stand for - and that hate has been growing ever since. Especially after WWDC 2011.
19. ayephoner posted on 13 Sep 2011, 08:50 3 0
i actually have a rooted droid X, which is very nice.
i think the "apple controls everything because they're evil" is the stupidest thing anyone could ever say.
apple controls everything because they believe in their products opperating at a high, consistant, reliable level every single time they are used.
android believes in giving their customers everything that is possibly available regardless of execution (which they have no control over anyways).
my droid X does a couple things an iphone does not, but it is laggy, needs to have a reset and/or battery pull once a week and has features like voice command that NEVER work well.
iphones have flaws, but NEVER by design. if they add something, its only because they truly believe that it will work well EVERY time.
22. Phone guy (unregistered) posted on 13 Sep 2011, 09:20 1 1
I think you need to reconsider what you just said about the iPhone - "iphones have flaws, but NEVER by design. if they add something, its only because they truly believe that it will work well EVERY time"
I believe I remember when it came out and the way the antenna is arranged that you pretty much lost a good chunk of signal bars and dropped phone calls. Did Apple fix this - no they just said hey guys here's a free bumper. Consumer reports still doesn't recommend the iPhone because of this and with the appearance at Verizon still isn't fixed and still requires a bumper to prevent that from happening. So you might want to check your sources before going and saying that they NEVER have flaws in design because in my opinion that is a major flaw in the usage of a phone.
27. ayephoner posted on 13 Sep 2011, 09:35 0 0
reading comprehension, bro.
"by design" =/= "in design"
they did not plan on antennagate. and you have a sound argument for how they handled it, but still not something they implemented on purpose.
23. ilia1986 posted on 13 Sep 2011, 09:21 0 0
Let me quote you here, man:
"apple controls everything because they believe in their products opperating at a high, consistant, reliable level every single time they are used."
THAT is EVIL. Because it's FORCING customers to only use itunes, only be able to customize the iPhone in a very limited way, only use the app store, only use proprietary connectors and accessories, etc etc etc. That is CONTROL. And that is BAD. Because a product must not the the fulfillment of the CREATOR's vision of how it should be - but rather than of the CONSUMER's. And that is what Apple is doing - by controlling everything - they strip away that control from the consumer. And that is EVIL in my opinion. Sure, it's not the traditional definition of evil - but it's evil nonetheless.
As for your droid-X - why don't you try to install a custom rom on it?
28. ayephoner posted on 13 Sep 2011, 09:36 0 0
but they're not forcing anyone to use their product. you dont like it? dont buy it? apple has always been unapologetic in what they design and release (even to a flaw, see above)
32. ilia1986 posted on 13 Sep 2011, 09:43 0 0
Well thing is - when you buy an Apple product - you get stuck not only with what you get - but also with what you WILL get in the future. Nowhere on the iPhone 4 box did it say "Will not include features which are found in other market-leading operating systems in the next update". I was there, man. I believed. iOS 4 took some steps in the right direction of user customization - folders, homescreen wallpaper. I believed, man. I believed that iOS 5 will level the playing field with Android in that regard. Introduce Widgets, and maybe even Live or panorama wallpapers. I wasn't the only one - many speculated that Apple would do that. But Nooooo. Instead Apple decided to say "F*** you" and turn iOS 5 into iOS 4.5. Just because. And we all - even those of us like you and me who JBen our phones - got left with a phone on which the main design element of the GUI is this: 
A square-rounded icon. 16 of those to be precise. All over the phone.
33. ayephoner posted on 13 Sep 2011, 09:48 0 0
you obviously dont understand apple's software design mentality. they want as little running as possible to extend battery life and increase performance.
top android complaints are battery life and lag. dont you understand that if you are running a live wallpaper and 10 widgets what that does to performance and efficiency? well, maybe you do, but the greater public does not. apple deals with those things on the front end while android forces you to either suffer or figure it out for yourself.
38. ilia1986 posted on 13 Sep 2011, 10:26 0 0
But this is nonsense! Not all Android devices suffer from lag and\or battery life - as with everything - it's an issue of optimization.
In addition - when you use Android - you don't have to use all these things if you don't want to! It's all about choice. No one would accuse iphone for having piss poor battery life if iOS added widgets, each of which would make the battery last - say 5% less in a typical day. All Apple needed to do was to let people handle it themselves - while disclaiming that using widgets\live wallpapers might cause faster draining of the battery.
If apple is about running as little a possible on their OS - maybe they should default to this:
THAT surely won't cause battery problems and\or lag!
41. ayephoner posted on 13 Sep 2011, 10:43 0 0
yup. you dont get it.
39. remixfa posted on 13 Sep 2011, 10:28 3 0
neither apple nor android FORCE you to suffer through anything. If you dont like one OS, try another. You would be forced if there was only one choice in OS... which unfortunately seems like what apple is trying to accomplish with these insaine lawsuits. Apple is much better, however, at tying you into all their services. By the time u use iTunes, iCloud, get an iMac, and an iPhone to get full compatability with everything, you are pretty tied into their OS. Its not impossible to get out of, just exspencive. But that is the user's choice to allow themselves to get so entangled in the spider's web.
If you dont want live wallpapers, widgets, and the rest, u can easily turn it all off, which does preserve battery life. If you want it, its there. Android does offer more choice. Some see it as a positive because its a system that anyone can make "theirs"... some see it as a negative because there are minor annoyances with some cheaply made phones or crappy OS overlays.
Like anything else its +/- arguement for each person on which is better for them.
43. ayephoner posted on 13 Sep 2011, 10:46 0 1
do you understand english?
"android forces you to either suffer or figure it out for yourself."
see the words 'either' and 'or'?
theres a reason i dont get into this with you fandroids. you cant read, cant think, cant stay on subject.
45. remixfa posted on 13 Sep 2011, 11:33 2 0
amazing, i take a neutral position and you try to fight me on it. you really are a blind iSheep... lol
81. taco50 (banned) posted on 13 Sep 2011, 15:24 0 0
He said he has a droid x. How is that an iSheep. His main argument is that Apple does what they do for a good customer experience. Android gives you more choices, but that can negatively impact the phone's performance and lead to frustrated users. There's a reason that Apple has the highest customer satisfaction ratings every year.
I prefer Apple's approach on a phone. I'll give up features for a phone that works well. I don't want to have to set up my phone constantly. I want it to work.
47. remixfa posted on 13 Sep 2011, 11:38 0 0
and your requoted blurb is idiotic. again neither FORCES you to do anything. And i see plenty of people that love their androids the way they came out of the box. They are set up to be ready to roll from the first time u turn them on, so your idiotic point has no merrit. Your basically implying that everyone is going to "suffer" which means they dont like their device, unless they take the time to customize it.
your off your rocker. My post was pure middle ground about the positive and negatives of both OS's to try to get u to stop arguing stupidity, and instead of realizing that, i bet you didnt even read the thing and instead just went right on flaming. I can tell by your lil statement on fandroids that its true.
why is it most iBots cant actually read?? ugh.
58. ayephoner posted on 13 Sep 2011, 13:27 0 0
get off your high horse.
you totally misrepresented what i had posted. they FORCE you to suffer lag or poor battery life OR figure out that you cant run everything all the time.
that is 100% true. every fandroid out there touts widgets and live wall papers, but never add on that it is draining on the entire system to run a bunch of them constantly.
and i own an android phone. i was completely impartial at one time, but absurd fandroids are just insane. ......isheep this.......jobs worshipper that......ibots this......
grow a unique view and opinion or you are the sheep.
48. waveydavey (unregistered) posted on 13 Sep 2011, 11:45 1 0
This is an excellent point. Android fans are often techies who are willing to spend the time to customize/optimize a device to suit specific needs/desires. Apple limits customization/optmization options so that any user, tech savvy or not, can pick up a device and intuit how to use it without a loss in efficiency or battery power.
59. ayephoner posted on 13 Sep 2011, 13:30 0 0
exactly. they really are marketed to different people, it just happens that they overlap of the two marketing targets is HUGE.
fandroids, that love hacking and control over their own devices swear by android.
isheep that want simple, reliable, consistant devices swear by iphone.
there is NO right answer.
67. remixfa posted on 13 Sep 2011, 14:24 0 0
that was actually my point in the first post you started attacking..
proving again, you didnt read it.
what kind of idiot attacks people for their responses without actually reading them? oh yea, an iDiot.
86. ayephoner posted on 13 Sep 2011, 16:24 0 0
i read it chump. i 'attacked' you because you spun what i said, pointing at you not reading what i wrote.
then you commenced to run around butt hurt for 4 more posts with no regard to the subject at hand, just insults. quit crying.
25. Whateverman posted on 13 Sep 2011, 09:29 0 0
Are you serious? Voice command not working well?! Granted, Gingerbread has not been good for the Droid X, but one thing I never experienced was lag. Now if you kept the Blur UI, then yeah you probaby had the laggiest phone of you life. But Launcher Pro was always a must on any phone i bought, check it out if you havent already. After installing LP, my X may have stuttered from time to time, but less than my iPad and the voice actions were the most accurate I've experienced on ANY phone. I gotta call user error on this one dude. Sorry.
29. ayephoner posted on 13 Sep 2011, 09:38 0 0
doesnt everything you say support my points? android has no control over final product, so software like motoblur can be put out and totally screw up their end product. how on earth is that user error? i've not fully hacked my phone b/c its supposed to be a temp fix until what i want comes out, which hasnt happened yet (between iphone 5 and nexus prime before any hate starts up)
37. Whateverman posted on 13 Sep 2011, 10:19 1 0
No my friend, it's just the opposite. Google doesn't want control of YOUR phone. That's the point of Android is so that you can do with it whatever YOU want with YOUR phone. Motorola tries to differentiate their devices from other Androids and give customers a "better user experience", but as we can see in the case of Blur it totally gets in the way. I will give you that. But like I said, easily corrected with a trip to the Market, you don't have to hack your phone.
The user error I was referring to was the voice actions. Most difficulties with voice actions come from the clarity of our speech. I found by slowing down and fully enunciating my words, the Droid X understood me 99% of the time.
As for your upgrade, I don't think you can go wrong either way, but it depends on you individual needs. For me, I have a need to make it mine and I can't make an iPhone mine.
44. ayephoner posted on 13 Sep 2011, 11:14 0 0
you're more reasonable than most fandroids, but im not buying the iphone as this dictatorship of a device while android is as free as the wild west.
bloatware, skins, app functionality are all areas where android takes control and without some work on the user's end, they have to have things that way.
56. Whateverman posted on 13 Sep 2011, 12:04 0 0
Skins and UI's I will admit, we are stuck with for the most part. I should be able to remove any app that isn't part of the core OS. But you gotta admit, these things don't restrict you in any way. I can choose not to use Blur or VZ Navigator without loosing any functionality. But I really like having all the options.
60. ayephoner posted on 13 Sep 2011, 13:32 0 0
you're right for the most part.
your average user is going to have no idea how to NOT use blur (and really no idea that they should or would want to)
and vznavigator is always running to some extent. android just keeps way too much running at all times in general. i hope ICS sees some fat trimming.
51. waveydavey (unregistered) posted on 13 Sep 2011, 11:49 0 0
You go ahead and take your rooted phone into an authorized retailer and see just how nice they are about what YOU'VE done to YOU'RE phone. Hope it ain't broke, coz they ain't fixin' it.
63. Whateverman posted on 13 Sep 2011, 13:56 1 0
The thing is, you can always unroot your phone and take it in. Lets say, you have a broken screen and can't unroot it, no one is checking for it anyway. Most reps in the stores have no idea what they are even selling, let alone what all you can do with an Android. To most of them, a custom ROM is no different than a homescreen replacement. Trust me, I know this for sure.
87. waveydavey (unregistered) posted on 13 Sep 2011, 16:36 0 0
Well, yes you COULD unroot your phone. The point is that if you want to take advantage of your Manufacturer Warranty, you BETTER unroot your phone or it'll be void. Sure it's the manufacturer issuing the warranty, but Google is complicit. Just saying, Google may be a different KIND of business, but it's still a business, and as such will protect it's self interest.
26. corps1089 posted on 13 Sep 2011, 09:33 1 0
Please do not say NEVER, unless you're ready to admit you hold your phone the wrong way...
I agree that it is stupid to say a company is evil when they are pursing their own interest and that of thier shareholders.
The reason Apple attracts such ire is part walled garden [nice turn of phrase ilia], part backlash against iPhone owner lemming behavior, and mostly that everyone hates a hypocrite.
Apple practices one thing, preaches another, and has the audacity to try to stop other companies from doing what they themselves practice. The legal maneuvers are high profile, on the offense [not defensive] posturing to protect not the Apple product, but the iPhone market share by trying to stifle competition.
It would be one thing if they were trying to compete by putting out a better product, which they "try" to do [incrementally so iPhone owners have to spend lots of money buying each marginally better model that comes out]. But the public sees only these legal attacks that are not meant to improve iOS, only to minimize the alternative. A lot of people want the alternatives and do not take kindly to Apple trying to mess with their options and their freedom of choice. Then you get some iPhone owners acting like zealots preaching the gospel of Steve, and more acting like sheep [Why did you buy an iPhone? "everyone else had them, it’s the best phone, right?” "I have an iPhone4 so I have 4G, right?"], and then Apple basically says via action,
‘I can steal swipe to lock from someone, but you cannot steal swipe to lock from us.’
F you Apple, you copied someone else, made a small change, and no one complained so shut your sanctimonious mouth.
‘But,’ Apple says, ‘it was not patented when I copied it and I now have the patent on swipe to lock.’
Then the patent is wrong and you have no grounds for your demands so shut your sanctimonious mouth.
Now Apple is claiming hardship on defending themselves from legal action because they are not even sure who is suing them? Obviously, it is just a legal position, but if we were to take it at face value, them the retort to Apple is: Maybe they should not have been so quick to litigate if they did not want to suffer the repercussions.
30. ayephoner posted on 13 Sep 2011, 09:40 0 0
2 way street. the legal action goes both ways. always has. stop crying.
73. taz89 posted on 13 Sep 2011, 14:47 0 0
apple started suing samsung so obviously samsung will sue back...is samsung suppose to just sit back?
31. Whateverman posted on 13 Sep 2011, 09:41 1 0
That was beautiful!
35. darth8ball posted on 13 Sep 2011, 10:17 2 0
Apple controls everything because the fact is yes they try to make sure of the programs that get to use their OS are safe they receive a piece of the pie on every purchase after you own one of their devices.
I own a Droid X also and when I wanted a car charger instead of buying the Moto charger for 25 bucks I went to cellphoneshop.com and bought one for 2.99 buy an Apple one and they are 6 bucks, Apple wants their piece of the pie.
5. G (unregistered) posted on 13 Sep 2011, 06:07 2 0
Some times I just wonder if people think.....everyone talk about apple this or that because they are suing other companies did everyone forget they are a company no one wants to go out if business or have others who steal from them make them go out if business......if you was in charge of apple you would be doing the same thing unless your okay with being broke or bankrupt and if you are then your one weird person
7. ivanko34 posted on 13 Sep 2011, 06:29 6 2
Apple was ready to sue Motorola but is afraid to sue Google...
9. remixfa posted on 13 Sep 2011, 06:53 3 0
so basically, if i read the blurb right, apple is saying that moto cant sue if the merger happens unless google says its ok since google is maintaining the patents. Ok, so now that you've brought up that point, what is googles response gonna be ? Im pretty sure its gonna be "moto, continue suing them".
Way to stick your own foot in your mouth apple. Cant say you arent about to get what you deserve.
11. PhoneLuver posted on 13 Sep 2011, 07:16 2 0
Not sure Google will allow that. Remember that officially Apple and Google are friends and Apple has not sued Google directly. Like it or not, the default search option on the iPhone is still Google.. So, this could get interesting!!!
16. remixfa posted on 13 Sep 2011, 08:35 2 0
apple hasnt sued google directly because apple knows it will lose. If apple loses to google directly, its game over for their little fear game Apple is going after the fingers and arms of the giant in order to scare off other manufacturers. If apple goes for the heart and misses, the game is over.
They are no longer friends or friendly to each other. Apple was also supposedly in talks with MS to use Bing services instead of Google, but there was a huge ground swell from pissed off iOS users that wanted to keep google when the reports came out.
Its a marraige of need, not friendship. Apple doesnt really have a choice but to keep google on their phone, less they take the risk of losing a lot of customers who were on the fence about another OS already, and dont like Bing.
If it was a friendship you might see googles more powerful software like full google maps or 3d voice navigation on iphone.. things that u will never see.
75. taz89 posted on 13 Sep 2011, 14:52 0 0
good points...clearly if apple thought android was a copy of ios then they would have sued them directly,obviously something is holding them back and i am guessing its fear of some sort. apple are trying to claim this bull that moto cannot sue any more because google helped htc with patents.
12. the source (unregistered) posted on 13 Sep 2011, 08:05 0 0
So they can sue others because of some bs design claims, and are now trying to get out of the Motorola patents they infringed through a technicality. Anyone that supports this type of company is foolish. A company that behaves in this matter has no concern for its customers or ethics for that matter. Ill continue to avoid their overhyped products like the plague. At the end of the day its just electronics its not worth me supporting such a company.
13. Droid_X_Doug posted on 13 Sep 2011, 08:06 1 0
It would seem that all Google needs to do is affirm Moto's independence as a separate subsidiary, and the lawsuit continues.
15. PhoneLuver posted on 13 Sep 2011, 08:14 0 0
Problem with that is that it transferred some of Moto's patents out already..
17. remixfa posted on 13 Sep 2011, 08:36 0 0
anything that can be transfered out, can be transfered back in.
14. Sniggly posted on 13 Sep 2011, 08:09 7 2
Oh, Apple, you never miss a trick, do you? You instantly sue the hell out of literally everyone else in the world, but you'll be damned if you'll ever pay a penny to anyone else for the DECADES of work they've put into the tech you use. Unless you've been dragged through the courts first. Then you might toss that company the minimum legally required bone.
On the other hand, I'm glad to get an update on this lawsuit.
21. ayephoner posted on 13 Sep 2011, 09:10 2 1
snuggs, there is no way you are this stupid.
does anything you describe there not happen with all large businesses?
apple is not the devil. why on earth would they ever pay out more than they have to???? what company makes a habit of that?
24. protozeloz posted on 13 Sep 2011, 09:26 1 0
Agree, Apple is not evil its how companies roll, apple its doing what it can to keep business profitable and rolling, now the fact that their definitions are pissing people off does not make a company "evil" it survival of the fittest
34. Heatfan316 posted on 13 Sep 2011, 10:15 0 0
Apple makes plenty of profit without having to sue any other company.
46. Sniggly posted on 13 Sep 2011, 11:36 0 0
HTC didn't have to be dragged through court by Microsoft in order to start paying them royalties.
I know that it's SOP for companies to try to maximize profits, but there's generally a line that they won't cross, a line that usually guarantees that their business partners will benefit from their success and so forth. That line doesn't exist for Apple. They squeeze every damn penny they can from everywhere and everyone. Not paying a red cent for patents until they're destroyed in court is simply part of their corporate philosophy: keep any money from leaving our coffers at all costs.
61. ayephoner posted on 13 Sep 2011, 13:35 0 0
so you are that stupid?
you really think apple has crossed some line that others do not?? other companies dont watch (or squeeze) every penny?
stop drinking the ihate kool-aid. apple is not evil. they are just a company.
66. Sniggly posted on 13 Sep 2011, 14:23 0 0
I'm not saying Apple is the only *evil* company out there. And yes, they cross a line that other companies do not. I already gave the example of HTC: no lawsuit necessary, when Microsoft asked they started paying royalties on patents that Micro owned.
And really, if there are other companies just as bad or worse, it doesn't lessen the bulls**t Apple pulls. They are openly hypocritical on the patent issue and infamous for curb stomping competition, business partners and employees. Just look at how they completely ignore the crap that Foxconn pulls on its employees, steal ideas from their app developers, swipe ideas from competing OSes and THEN sue the f**knuts out of anyone who dares make anything remotely similar to their own products or services.
There's a reason why Apple has the most money in the world; it's because their profit margins come first, despite any other moral or pragmatic concern. Other companies at least try to put up a front of having ethics. Apple does not.
76. taz89 posted on 13 Sep 2011, 14:55 0 0
sniggly dont even waste your breath trying to justify yourself to them...you can give a million examples but they still wont get you.