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Apple tries again to take Motorola Mobility to court to protect its 3G/4G devices

Posted: , by Alan F.

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Apple tries again to take Motorola Mobility to court to protect its 3G/4G devices
Will Apple have better legal luck this time around against Motorola Mobility? The Cupertino based firm has a fear of having to remove from its online store, those devices using a Qualcomm broadband chip for use in 3G/4G connectivity. That would include the Apple iPhone 4S, the 4G version of the Apple iPad and the upcoming Apple iPhone 5. To prevent this from happening, Apple  had previously tried to take Google's wholly owned subsidiary Motorola Mobility to court to legally cement its position as a third party beneficiary of a Motorola-Qualcomm product license agreement, giving Apple the right to use certain Qualcomm patents.

Apple filed Friday with the District Court in Southern California

Apple filed Friday with the District Court in Southern California

The first time Apple tried to take this issue into court was in February when it filed in the Southern district of California.  Apple sought both a ruling from the judge and an injunction against Motorola. At the time, a court battle between Apple and Motorola in Germany had led to the German court ordering Apple to remove some 3G compatible devices from its online store in the country. By the time Apple filed that suit in Southern California, it had won a temporary stay against the removal of devices from its German online store. The stay was eventually extended to cover the entire length of the appeals process. Motorola challenged the complaint and it was tossed out of court in early July by Judge Dana M. Sabraw, who gave Apple until Friday to re-file. The judge also provided Apple with some guidance on how to get the filing to stick if the Cupertino company decided to file again. Judge Sabraw's advice was apparently followed by Apple as the company did indeed re-file on Friday.

Motorola appears to have the Apple iPhone 4S in its scope for future legal action. In Apple's second amended complaint, Motorola is quoted as saying that Motorola has not yet legally challenged the Apple iPhone 4S yet because of a tactical reason which it does not want to share yet with Apple. As if we needed more courtroom drama. If Apple's filing in California results in a ruling that Motorola does have the right to sue Apple over the use of Qualcomm's broadband chips, we will most likely see in the States a Google filing against the Apple iPhone 4S. This suit would most likely have Google alleging infringement of 3G connectivity patents. The filing would probably also name the 4G Apple iPad and other Apple devices that use Qualcomm's broadband chips. On the other hand, if Apple prevails, its 3G/4G products will not be getting tossed out of its online store and Google will have to settle for lower licensing fees based on FRAND rates.

source: FOSSPatents

104 Comments
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posted on 04 Aug 2012, 02:27 26

1. ishfaq.mehraj (Posts: 10; Member since: 30 Jul 2012)


Frustrated apple...

posted on 04 Aug 2012, 20:09 2

99. The_Godfather (Posts: 146; Member since: 26 Apr 2012)


What the f**k is wrong with Apple?

Are they thinking that they can increase their sales for next iPhone or iPad in this way? They are f**king ruining Apple's image in the market with these moves.

Bottom line is "Apple's" days would be over soon. Now jus get tha hell out of hea

posted on 05 Aug 2012, 02:30

101. Mxyzptlk (limited) (Posts: 2846; Member since: 21 Apr 2012)


Why? Blame Google and Motorola for abusing FRAND patents.

posted on 04 Aug 2012, 02:28 7

2. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Motorola and Google being anti competitive and abusing FRAND patents. They should come up with new wireless technology instead of litigating and trying to enforce patents.

posted on 04 Aug 2012, 02:39 12

4. Droid_X_Doug (Posts: 5289; Member since: 22 Dec 2010)


Ha! How do you know the patents at issue are subject to FRAND? Jumping the gun a bit, aren't you? BTW, this isn't judge Koh, so Apple isn't exactly favored.

posted on 04 Aug 2012, 02:41 3

5. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Doesn't matter who the judge is. If Apple wins you'll claim the judge is biased/fanboy/on Apple's payroll.

posted on 04 Aug 2012, 03:20 15

10. dmckay12 (Posts: 242; Member since: 25 Feb 2012)


If Motorola wins, then you will will claim the same thing.

posted on 04 Aug 2012, 10:26 5

52. joey_sfb (Posts: 1976; Member since: 29 Mar 2012)


Then Apple should stay out of the courtroom, and in their research lab making innovative product that people would want to buy.

Remember that Apple makes its Billion and upcoming Trillon from product sales not lawsuits.

posted on 04 Aug 2012, 09:30 1

47. roscuthiii (Posts: 1720; Member since: 18 Jul 2010)


It's not Koh, but this judge may prove just as inept:
"The judge also provided Apple with some guidance on how to get the filing to stick if the Cupertino company decided to file again. Judge Sabraw's advice was apparently followed by Apple as the company did indeed re-file on Friday."

Man, I wish I had judges do all my legal homework for me.

posted on 04 Aug 2012, 14:55 2

91. Droid_X_Doug (Posts: 5289; Member since: 22 Dec 2010)


Why is the judge providing guidance to Apple 'proof' of bias? Providing guidance that is still missed in a subsequent re-file is an even better foundation for a decision to dismiss the case with prejudice (no ability to further re-file).

posted on 04 Aug 2012, 03:29 17

11. frydaexiii (Posts: 1157; Member since: 01 Dec 2011)


Oh you trying to iRationalize. Are you too blind to even see? If Apple weren't using Motorola tech without paying, why would they be so afraid and bring them to court AGAIN? Everyone can see they're trying to free load of Motorola's tech by not paying to use it and claiming it's FRAND.

3G isn't FRAND if a rectangle isn't, and Motorola's been making phones way before your parents even had an accident which resulted in you. So just take your iLogic to some place that welcomes it like Cult Of Mac or something.

posted on 04 Aug 2012, 03:59 4

13. RapidCat (Posts: 351; Member since: 12 Jun 2012)


iPhoneCult

posted on 04 Aug 2012, 04:01 5

15. Rocksteady (Posts: 183; Member since: 29 Apr 2012)


Motorola and Google being anti competitive?!
Can't you see how much Android OS evolved over it's first versions?
Motorola with their powerful radios, giant batteries on the MAXX, and using premium materials and finishing for their devises?
Meanwhile apple still running the same OS on their phone with a stolen notification bar, and using glass for their phones, and the display is still 3.5 inches.
I suggest you look up the term "Competitive" in a dictionary.
Have a good day.

posted on 04 Aug 2012, 04:12 7

18. Ubi2447 (Posts: 126; Member since: 14 Feb 2012)


Aye. Anti-competitive behavior is taking everyone to court over someone else's product instead of spending time and effort to create something to best the competition.

posted on 04 Aug 2012, 09:20 5

45. networkdood (Posts: 5562; Member since: 31 Mar 2010)


Taco just posts stuff without knowing what it means - lol, anti-competitive - yeah, then what does HTC, SAMSUNG, LG, PANTECH...etc....have for phones?

posted on 04 Aug 2012, 04:54 5

24. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


taco's determination to be wrong on just about everypost is really something to behold...lol

posted on 04 Aug 2012, 09:16 3

43. networkdood (Posts: 5562; Member since: 31 Mar 2010)


just a totally ignorant comment by TACO - is your love of APPLE dumbed you down even more?

posted on 04 Aug 2012, 02:42 12

6. andrew1953 (Posts: 174; Member since: 13 Nov 2011)


Tis all bad karma for Apple. When their brand starts to decline maybe they'll understand why they are truly the most hated ,vexatious litigant of all times.

posted on 04 Aug 2012, 04:00 9

14. andro. (Posts: 1927; Member since: 16 Sep 2011)


Anyone else getting bored of hearing the words'apple''court''patents' and 'ban' all in then same articles,Apple truly are ridiculous,and the more exposure their bizarre actions are getting the more even their I fans are turning away from them as seen in the world wide stats of android now nearing 70% market share

posted on 04 Aug 2012, 04:13 10

19. groupsacc (Posts: 232; Member since: 28 Feb 2012)


Only Apple has the "balls" to sue another company to use their patents.

And no. They won't let any other companies use their patented rectangles. But they have the god's given right to use other companies' inventions.

I thought Microsoft was bad with all their anti-competitive business practices, but Apple, damn. They make Microsoft look like angels. At least Microsoft holds REAL patents.

posted on 04 Aug 2012, 08:59 6

41. Aeires (unregistered)


Apple is the new MS. The 'Think Different' stance from the 80's is long dead.

posted on 04 Aug 2012, 12:27 1

71. 12Danny12 (Posts: 20; Member since: 25 Jun 2012)


well. there is nothing wrong with MS. they are a kinder company. they don't really sue people that much. compared to apple

posted on 04 Aug 2012, 13:14 3

78. tedkord (Posts: 3939; Member since: 17 Jun 2009)


They threaten to sue, and settle. The difference is, they don't sue over basic geometric shapes, and want only a ban.

posted on 04 Aug 2012, 04:38 9

22. jroc74 (Posts: 4006; Member since: 30 Dec 2010)


I hope I can get back to the day when I didnt know all this was going on.....

I might need to go cold turkey from online forums. I dont know whats worse.....Apple's behavior...or the fanboys who agree with it and feel anything Apple does is right.

Taco....how about Apple make rounded corners, black borders, rectangle phones, round corners of icons, icon pics, etc FRAND...

How....about.....that? Where are Apple's FRAND patents? What are they?

posted on 04 Aug 2012, 05:14 13

26. wendygarett (unregistered)


WHY APPLE!!! YOUR PHONE WOULD BE MUCH BETTER IOS AND DESIGN IF YOU JUST INVEST ALL YOUR MONEY INSTEAD OF THIS NONSENSE!!! WHY DON'T YOU LISTEN TO CUSTOMER !!

posted on 04 Aug 2012, 11:31 4

62. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)


Because the iPhone has always been Steve Jobs' phone and never the "People's Phone".

posted on 04 Aug 2012, 05:33 9

27. amiaq (Posts: 321; Member since: 30 Jun 2012)


What apple? don't have own patent now? just pay up !!

posted on 04 Aug 2012, 06:17 4

28. Reverence (Posts: 224; Member since: 16 Jul 2012)


when will Apple learn anything.........rather than trying to ban their devices pair with them on a reasonable price.........things can be much better for Apple in this way

posted on 04 Aug 2012, 07:26 6

30. ampney50 (Posts: 2; Member since: 03 Aug 2012)


apple can't stand not being the best so they cry like ababy an sue

posted on 04 Aug 2012, 07:57 7

35. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Apple is one acquisitve company iv'e herd and seen... They just don't like to pay fees.
That's why they dont have MMS and BLUETOOTH on there device, so it save's them paying to other's! And people go and still buy this restrictead product.

posted on 04 Aug 2012, 09:23 8

46. networkdood (Posts: 5562; Member since: 31 Mar 2010)


you cannot even bluetooth transfer files... pathetic...

posted on 04 Aug 2012, 08:26 7

37. McLaren (unregistered)


Such a greedy company.I can't believe people made it become like that.
Find a peaceful agreement and pay the patents,Dumb irot.
It's a shame to call you apple,the name of a heavenly food.
So many billions and yet not satisfied.

posted on 04 Aug 2012, 08:34 7

38. mas11 (Posts: 1017; Member since: 30 Mar 2012)


Hey Apple how does it feel to have to worry about your products getting banned?

posted on 04 Aug 2012, 09:11 5

42. kabukijoe (Posts: 65; Member since: 06 Mar 2010)


So Apple is accusing Motorola of copying a device that hasn't even been announced yet?

posted on 04 Aug 2012, 10:45 1

55. ekia007 (Posts: 61; Member since: 27 Feb 2012)


U called that patent apple?

posted on 04 Aug 2012, 11:25 7

59. prototype (Posts: 23; Member since: 06 Jul 2012)


Hope all the android oem join forces sue Apple till Apple stop patent trolling.

posted on 04 Aug 2012, 13:09 5

76. ibap (Posts: 675; Member since: 09 Sep 2009)


Good heavens - if they'd all spend half the money they're spending on these BS suits on development, we'd have fabulous battery life.

posted on 04 Aug 2012, 13:12 7

77. 12Danny12 (Posts: 20; Member since: 25 Jun 2012)


Apple = Disappointment and greedy

Google/MS = Much Kinder Companies

posted on 04 Aug 2012, 19:08 4

97. roscuthiii (Posts: 1720; Member since: 18 Jul 2010)


It's at times like this I miss Jeff... Yes, he was firmly in the Apple camp but at least he was rational.

Peter too, and his quirky little Bada fixation. (Bada right?)

posted on 05 Aug 2012, 02:34

102. Sniggly (Posts: 6496; Member since: 05 Dec 2009)


No, that was PeterisfromSweden. He left soon after I spanked him in a creationism versus evolution debate in private email.

posted on 05 Aug 2012, 02:41

103. Mxyzptlk (limited) (Posts: 2846; Member since: 21 Apr 2012)


I think we can conclude what you really meant.

posted on 05 Aug 2012, 02:52 1

104. Sniggly (Posts: 6496; Member since: 05 Dec 2009)


What I really meant is that I had an argument on evolution vs creationism with him in a private email, and the end result was that he was really pissed off.

Soon after he left Phonearena, claiming bias against bada.

Either reason for leaving was unnecessarily dramatic.

That said, what did YOU think I meant? I mean, your perspective clearly trumps reality.

posted on 06 Aug 2012, 00:04

105. joey_sfb (Posts: 1976; Member since: 29 Mar 2012)


Happy that Motorola ends up with Google, if it end up with Apple. We will only be allow to buy Apple Phone at US$10,000, that with contract.

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