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Apple's European filing against Samsung mentions similar complaint filed against the Motorola Xoom

Posted: , by Michael H.

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Apple's European filing against Samsung mentions similar complaint filed against the Motorola Xoom
Hot on the heels of the news that Apple has won an injunction against the Samsung Galaxy Tab 10.1 in Europe, which bans Samsung from selling the device in the EU, news has come out that Apple also filed a complaint against Motorola in regards to the Xoom tablet. The information about the filing against Motorola was actually found in the filing against Samsung.

Buried deep within the filing against Samsung is mention of a complaint filed by Apple against Motorola in the same court in Düsseldorf. The complaint was in regards to the design of the Xoom tablet, but no other information was given. Speculation assumes that Apple was seeking a similar EU-wide injunction against sales of the Xoom. However, due to the length of time since the original launch of the Xoom, Apple would have to be seeking a permanent injunction rather than a preliminary injunction, because German law tends to discourage preliminary injuctions past one month. And, Apple has most certainly known about the Xoom for longer than one month. 

Patent skirmishes between Apple and Motorola are nothing new. Apple has been suing Motorola over 24 patent violations, while Motorola has been suing Apple over 18 patent violations. Both of those cases began in October of last year.

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posted on 10 Aug 2011, 14:47 16

1. networkdood (Posts: 6244; Member since: 31 Mar 2010)


APPLE hates competition....

posted on 10 Aug 2011, 19:24 3

43. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


...that copies their design and products which is copyright and patent infringement.

Hey, I finished your sentence for you.

posted on 10 Aug 2011, 19:58 1

51. ngo2dd (Posts: 774; Member since: 08 Jul 2011)


Look up the Modbook Pro and the HP Compaq TC1100. Who is copying who?

posted on 11 Aug 2011, 02:03 3

152. Miz_likes_p_nis (unregistered)


Do you see tv manufacturers suing each other because they both make a tvs in a rectangular shape, or the fact they use plasma, lcd or even led's. How about the fact that they have buttons. Reason I bring this up is one of the complaints the xoom has is that the "buttons are similar" WHAT. Are you talking about the volume buttons. Are you kidding. The shape, come on... The touch screen... You're really trying to tell me that Apple is trying to patent the whole idea of a tablet. Thing about it, whats needed to design a tablet. If you're going to say that the xoom is copying the ipad you'll have to admit that if Apple EVER puts a microUSB or micro HDMI port that they are copying motorola. But we all know that will never happen because Apple wants you to buy some proprietary little dongle so they can jack your wallet some more. The more tablets the more competition, the more competition the better the prices, the better the prices the happier the customers are. If you prefer apple go for it, but claiming that apple is almighty and everyone copied from it is just plain stupid. Now go take your pretty little toy, hop in your Prius and go f*ck your iSelf.

Rant over...

posted on 10 Aug 2011, 14:58 12

2. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Why wouldn't they. They have an inferior product which while shiny and strong, has old technology, limits users to their line of Apps, and overcharges for this right.

posted on 10 Aug 2011, 15:00 7

3. fb_dragon76 (Posts: 19; Member since: 08 Dec 2010)


I'm so sick of that worm infested apple!! How can a company learn without healthy competition? Competition is Good, helps you grow.

posted on 10 Aug 2011, 15:07 4

4. Yeeee (Posts: 190; Member since: 02 Aug 2011)


Just cause you make s**t that isnt as good as competition doesnt mean u have to sue. If Apple wants to make more money they would make two iphones one with iOS and one with Android

posted on 10 Aug 2011, 15:13 1

6. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Then they would be admitting that their OS is not the best, they aren't the Gods they think they are.

posted on 10 Aug 2011, 15:13 3

5. appleshouldSTOP (unregistered)


wow in the long run wouldn't this really hurt apples image? But than again there are idiots out there who are willing to wait month outside the apple store to get the new iphone without knowing what the phone looks like nor the specs so...

posted on 10 Aug 2011, 15:14 7

7. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Oh no you don't, Apple. Don't you dare be f**king with my boy Motorola. You're already asking for enough trouble going after the Galaxy Squad.

posted on 10 Aug 2011, 19:29 4

44. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


And you'll do what? Absolutely nothing. I love how Sniffles tries and talk big and mighty in comments when in actuality, he's powerless to do anything other than sit back and watch Apple dominate because that's how the roll.

posted on 11 Aug 2011, 05:17

157. dblue45 (Posts: 77; Member since: 26 Aug 2009)


The way you talk actually suit you the name 'The Miz'
Just like he says 'I'm the Miz and I'm awesome' :P

posted on 10 Aug 2011, 15:18 3

8. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


The design of the Xoom??? really?? LMAO!!

I HAVE to see what the complaint is about the Xoom...

I think that will settle it....Apple is a bunch of crybabies. The Xoom....man oh man....

posted on 10 Aug 2011, 15:25 2

12. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


I see what the problem is....Apple patented black bezel, borders around tablets.

Dammit Motorola....make your tablets more colorful next time!!! And use a different size border!!!

posted on 10 Aug 2011, 15:20 10

9. darth8ball (Posts: 519; Member since: 02 Aug 2011)


I just read yet another lawsuit Apple is bringing.
They have filed a lawsuit against Alexander Graham Bell.....claiming his telephone has copied the iPhone
HAHAHAHAHAHAHAHAHAHAHAHA
Sorry guys someone had to say it.

posted on 10 Aug 2011, 15:52 1

14. blade19 (Posts: 58; Member since: 29 Apr 2011)


Now that's funny... LOL! wouldn't put it past Apple though, they might just buy up the patent for that the way things are going....

posted on 10 Aug 2011, 15:21

10. ngo2dd (Posts: 774; Member since: 08 Jul 2011)


I think this is the part where google need to step in

posted on 10 Aug 2011, 15:22 2

11. downphoenix (Posts: 2266; Member since: 19 Jun 2010)


Its confirmed, EU are Apple fanboys. Why else would this injunction pass?

posted on 10 Aug 2011, 15:50 1

13. davecann2 (Posts: 460; Member since: 15 Mar 2011)


I think Apple is wasting their time... Didnt the XOOM only sell like 5 devices in total =P

posted on 10 Aug 2011, 15:55 2

15. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Yowza. :P However, Moto's talking about stepping up their tablet game, and if they do then Apple could be in trouble on that front.

posted on 10 Aug 2011, 15:55 2

16. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


apple u can leave moto out of this u azzholes

posted on 10 Aug 2011, 16:02 5

17. jthiagesan (Posts: 104; Member since: 20 Apr 2011)


thank god apple is not in automobiles

posted on 10 Aug 2011, 19:30

45. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Their cars would be 10x better than any hatchback on the road.

posted on 11 Aug 2011, 09:50

165. darth8ball (Posts: 519; Member since: 02 Aug 2011)


They would take a 85 honda civic and put on a paintjob and rims and sell it for 50K and you sheep would all own one.

posted on 10 Aug 2011, 16:06 1

18. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


amen to that

posted on 10 Aug 2011, 16:12 3

19. deluxe (unregistered)


Maybe Apple will make tvs one day and madly sue samsung, vizio, rca, and every other tv maker in the world!

posted on 10 Aug 2011, 16:24 2

20. Heatfan316 (unregistered)


Apple will lose this one, there is no similarity what so ever between these two devices. Apple your a bunch of cowards.

posted on 10 Aug 2011, 16:43 2

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


Ha ha ha terrible day for fandroids. I'll die laughing if the Xoom gets banned also. I agree with Davecann that this may be a waste of time considering no one has actually bought a xoom.

posted on 10 Aug 2011, 16:47 3

23. dandirk (Posts: 187; Member since: 04 Aug 2011)


Curious... what if... these patents are thrown out? ITC already threw out 7 of the 10 here against HTC.

What will your attitude be then... will you admit that Apple could possibly be in the wrong?

Same question goes to the Android fans if the reverse is true (at least on the 3 that seems to be the question).

posted on 10 Aug 2011, 19:55

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


I think Apple has a legitimate case against Samsung. I don't know what the case is against the Xoom. If the case is on the design only then I don't think Motorola is copying. If he case is on the Apple patents that android OS is violating then I think Apple has a case there also.

Apple lost a case to Nokia and is paying royalties for it. I have no problem with that. If Apple is using Nokia ip they should pay.

Also the article Motorola is suing Apple on 18 patents. These trolls seem to have no problem with that.

posted on 11 Aug 2011, 10:04

167. darth8ball (Posts: 519; Member since: 02 Aug 2011)


First off, Nokia had phones that looked similar to the original iPhone in European and Asain markets, they sued Apple over IP violations not similar phone appearance. Motorola is not saying you can't make a product that looks like mine, just don't use our IP and not pay us for it.

posted on 11 Aug 2011, 16:16

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


You mean like HTC and Motorola are doing to Apple's patents?

posted on 10 Aug 2011, 16:45 2

22. dandirk (Posts: 187; Member since: 04 Aug 2011)


Depends.... These are mostly all the same patents they brought against HTC... because all these devices are using android.

Odd that they are not going after google who actually develops the OS they have issues with.

They probably don't want to go against a bigger company... they would rather bully.

posted on 10 Aug 2011, 16:56 3

24. Whateverman (Posts: 3187; Member since: 17 May 2009)


The Xoom?! Really?! This is enough to make me go back to Windows. I've been an advocate for Mac computers for some time now, but BS like this is just turning me completely off of anything Apple. I get sick of seeing the phrase "Apple is suing..." over, and over, and over, and over, and over, and over, and over again! They're starting to look like a bunch of pussies (excuse my French everyone)! I don't care if they successfully ban every other smartphone on the planet, I will never dirty my hands with an iPhone 5, 6, 7 or whatever the hell they're calling the next big thing. If they grow a pair and compete like men, I would reconsider my position. Until then, f**k you Apple like Jason Biggs!

posted on 10 Aug 2011, 19:56

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


So what about Motorola suing Apple which is also in this article. Are you ok with that?

posted on 10 Aug 2011, 21:11

63. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Motorola only countersued when Apple sued them.

posted on 10 Aug 2011, 21:29

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


Are you sure?

http://online.wsj.com/article/SB10001424052748703735804575536230822496028.html


"What, you didn't think Apple was just going to sit around and take it after Motorola first sued for patent"

http://m.engadget.com/default/article.do?artUrl=http://www.engadget.com/2010/10/30/apple-sues-motorola-right-back-over-six-patents/&category=classic&postPage=1

posted on 11 Aug 2011, 01:09

132. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Okay. I'm wrong. But upon reviewing the statements made by Motorola, they only opted to sue over those 18 patents when Apple completely refused to pay licensing fees for any of them.

Kinda...hypocritical of Apple, wouldn't you say, Taco?

posted on 11 Aug 2011, 01:51

151. biophone (Posts: 1893; Member since: 15 Jun 2011)


Kinda back peddled there. Only moto can sue apple and not the other way around right? O no its justified that moto sued apple and not the other way around.

posted on 11 Aug 2011, 02:16

154. Thump3rDX17 (Posts: 2160; Member since: 10 May 2010)


i don't know why Motorola sued Apple nor do i care. if it was a big deal we would've known it by now but Apple is suing everybody and their mom and the scary thing is they could keep on until some products get banned. the Galaxy S II launch in the US could be delayed some more. it's utter bulls**t.

posted on 11 Aug 2011, 06:42

159. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


If the track record of litigation of the two companies were reversed I would show more sympathy toward Apple. Furthermore, Motorola sued over 18 solid patents. What's Apple suing over right now? The looks of the XOOM.

posted on 11 Aug 2011, 09:48 1

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


You know what the difference is between us sniggly. When I'm trolling I know I'm trolling. You actually believe you're making valid statements. You just did a total 180 here.

1. You just assumed Apple sued first and said Motorola was justified because they were only retaliating.

2. When proven wrong you backpedal and say that Motorola's lawsuits are over "solid patents". How do you know the patents are solid? Are you an expert in this area? How come you don't consider Apple's patents solid and their lawsuit against HTC justified?

3. You try to turn this around on Apple as if they're being hypocritical for fighting back against Motorola's lawsuit while Motorola, HTC among others are doing the same to Apple.


Face it you're blinded by hatred of Apple. There's nothing good Apple can do in your eyes. You wait and hope for bad news or for them to fail every day. Somehow in your head though you think you're objective and make good points.

posted on 11 Aug 2011, 11:31 1

170. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


I usually am objective and usually do make good points.

My question to you is: do you think Moto's lawsuit against Apple is justified?

Let's look at some facts here:

HTC willingly pays royalties to Microsoft, without Microsoft ever having to pay a lawsuit.

HTC hasn't paid royalties to Apple, and the only two patents Apple supposedly has against HTC which are still being considered are absurdly broad in their language.

Apple only paid a lump sum of royalties to Nokia after being sued and losing.

There is no record of Apple paying royalties to anyone else.

Motorola only sued after, they said, Apple refused to agree to pay any royalties whatsoever.

The most current lawsuit Apple has toward Motorola is over the general appearance of the XOOM, not technical patents.

I was wrong about the original order of lawsuits between Motorola and Apple. I admitted it. My overal position about the issue of Apple's lawsuits didn't change: they're more than happy to sue everyone and their brother for making products similar to theirs, but they have no problem stealing from others.

posted on 11 Aug 2011, 16:19 1

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


I said that I don't think the Xoom looks a whole lot like the iPad personally. However you still have a double standard with saying Apple's IP isn't legit because it's too broad and Motorola's is solid. That's for the courts to decide. Everybody sues everybody. Apple just gets more publicity so we hear about it.


Apple has to deal with lawsuits all the time.

posted on 11 Aug 2011, 18:19

178. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Actually, all of the lawsuits are pretty well documented. And my point isn't so much whether Apple has legit IP as it is about Apple's position on whether other people get to implement their IP (which is NEVAR!) versus how quick they are to take others' IP and never pay a cent for it.

posted on 11 Aug 2011, 11:42 1

171. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


So to sum up what I'm saying:

Apple is suing anyone and everyone who occupies the same market as they do. They have a track record of this.

Motorola does not have a similar history. They haven't yet sued over issues of general appearance.

Motorola's original lawsuit covered "wireless communication technologies, such as WCDMA (3G), GPRS, 802.11 and antenna design, and key smartphone technologies including wireless email, proximity sensing, software application management, location-based services and multi-device synchronization."

Read more:http://news.cnet.com/8301-13579_3-20018791-37.html#ixzz1UjtbHjZM

These are all fields of technology Motorola was obviously involved in way before Apple entered the playing field.

So yes, I think Moto's patents are valid. So Apple refusing to pay on these while suing everyone else on their own patents is extemely hypocrtiical.

posted on 10 Aug 2011, 21:30 1

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


Now that we've proven Motorola sued first over 18 patents how do you feel about Motorola? Are they anti competitive?

posted on 11 Aug 2011, 01:13

134. Sniggly (Posts: 6695; Member since: 05 Dec 2009)


Nah. At the time Apple wasn't taking away from their sales; Motorola was doing better than it ever had before, its market share was high, and it had some hit phones on the market. And it had tried to negotiate with Apple over getting royalties, but Apple wouldn't play ball.

Now however Apple is suing Motorola because the XOOM looks vaguely like the iPad...and every other tablet in history.

posted on 11 Aug 2011, 09:50 1

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


They sued in 2010 when Apple sales were in FULL swing! It's not like they sued in 2007 when the iPhone just came out. You see how unreasonable you are?!

posted on 10 Aug 2011, 21:32

68. Whateverman (Posts: 3187; Member since: 17 May 2009)


Apple sues EVERYBODY for anything! Even little kids, how weak is that?

posted on 10 Aug 2011, 21:55

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


Are you referring to the kid that had the white phone conversion kit? Didn't Apple win the case and then dismiss it seeking no money? Don't you think something like that can affect Apple's bottom line on a larger scale?

Why are you upset at Apple for countersuing Motorola?

Why aren't you outraged Nokia sued Apple?

You play the objective card along with sniggly but you're not.

posted on 10 Aug 2011, 22:22

74. Whateverman (Posts: 3187; Member since: 17 May 2009)


Oh, this kid with 200a kits was going to bring down Apple by sell these kits online? Even if he sold those kits for a grand a piece, that wouldn't have hurt Apple's $76 Billion dollar bottom line.

And I am not mad about Apple suing Motorola. I'm discusseded that Apple is trying to ban EVERY cellular and tablet manufacture that uses Android. Apple looks weak, they look like cowards, pussies...afraid to compete with Android. They haven't tried to ban anything from RIM, HP, Nokia, or even any WP7 products made by HTC or Samsung. Why only Android products? The answer seems to be that Apple is terrified of anything Android. Even with the best selling phone in the world, Android just keeps kicking Apple's ass in marketshare. Personally, I dont care if Android is first or last. I just want to have a choice, but Apple wants to limit MY choice because they just can't a phone worth buying. At least IMHO.

posted on 10 Aug 2011, 22:26

75. biophone (Posts: 1893; Member since: 15 Jun 2011)


Maybe there not trying to ban them but are just trying to use that for leverage. Its called negotiating that is how it works.

posted on 10 Aug 2011, 23:45

103. Whateverman (Posts: 3187; Member since: 17 May 2009)


Well, that would be the case if they didn't already get certain products banned. Okay, now that they are banned, when does the negotiating start. It doesn't because that's they're goal. To ban anything Android.

posted on 11 Aug 2011, 00:07

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


Tech companies are not cowards and pussies. They're trying to make money. Do you really think in those terms? Who are you Don Quixote? This isn't some night novel with honor and pride.

Maybe they haven't sued the other OS's because they're not infringing and android is.

posted on 11 Aug 2011, 00:14

118. Thump3rDX17 (Posts: 2160; Member since: 10 May 2010)


who wants to buy a product from a company that doesn't have enough faith in it to just sue away it's competition. you see a lot of it here in this thread.

posted on 11 Aug 2011, 01:06 1

131. Whateverman (Posts: 3187; Member since: 17 May 2009)


Taco, they are saying these devices look like the ipad. Use your eyes and your common sense here for just a second. Does the Xoom look anything like the ipad to you? Does this 10.1 inch, all black, widget based tablet look anything like the iPad? Would you confuse one for the other? No, you wouldn't.

Apple just thought a year later that the Xoom looks to much like the ipad? I don't think so. Apple looks like a bunch of pussies right now, and your cheerleading for them will not change anybodies view. They are making themselves look desperate because Android is whoopin' that ass! If they were trying to protect their IP so bad, why not sue the other OS's that allow you to tap on a number to call it? That's what one of the patents was for, but they aren't suing the makers of any other OS that have that functionality. Why? Because they are not the immediate threat. Android is!

posted on 11 Aug 2011, 09:52

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


Well they're definitely not suing because the Xoom is selling well I can tell you that. Personally I think the Xoom looks different enough unlike the Galaxy tab. However it's for the courts to decide. I don't think Apple would take this to court if they didn't think they had a solid case.

Apple is desperate? Really?! Lol. This you see that they're now the number 1 company in the world by stock? I wouldn't call that desperate.

Try being a little objective.

posted on 11 Aug 2011, 14:24 1

174. Whateverman (Posts: 3187; Member since: 17 May 2009)


Yep! Number one company, with number one phone and they are still petrified of Android! With all their success, they're still number 2 in marketshare. They won't stop suing and banning until they're number one. And if WP7 ever makes it there as they say they will in 2085 or whatever, Apple will sue them too. Because they're cowards. Don't forget pussies! They're pussies too.

posted on 10 Aug 2011, 17:18 2

25. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


apple is a bunch of pussies for what they doing..yall can kiss my azz u never get my money

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