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Motorola whiffs: now 2 for 3 in German Apple lawsuits

Posted: , by Scott H.

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Motorola whiffs: now 2 for 3 in German Apple lawsuits
Motorola’s winning streak in German courts came to an end this week, as a Mannheim court ruled that Apple’s products do not infringe on a 3G/UMTS-based patent. The failure seems to have stemmed in large due to Motorola’s attempt to declare the patent an essential standards patent itself, and failing to provide specific evidence that Apple’s implementation actually infringed on their patent.

In short, Motorola spent most of their time claiming that their EP1053613 patent, for a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal,” was so broad that it must cover any attempt to create a phone that implements 3G/UMTS. The court failed to agree (no standards body had declared the patent essential – that was just Motorola’s claim) and with no specific arguments on the table as to why Apple’s implementation infringed the patent, the court found little choice but to find in Apple’s favor.

According to Florian Mueller of FOSS Patents, the court had already expressed puzzlement over Motorola’s strategy, and their ruling today was consistent with the objections the court raised during the trial. Why Motorola attempted to win this way rather than arguing for specific infringement isn’t clear – perhaps the details of Apple’s 3D/UMTS implementation is actually fairly different. Or perhaps they were hoping that a win on their terms would lead to faster patent deals with other companies (including makers of Windows Phone devices) if they could get a ruling that concurred that their patent was essential to 3G phones.

Motorola still has two significant victories against Apple in the Mannheim courts, and their .666 batting average is surely envied by the legal team over at Samsung. We're sure to see plenty more about those rulings (and subsequent appeals) as time goes on. In the meantime, this finding shows that Mannheim won’t be “home turf” for anyone in the patent wars.

source: FOSS Patents

20 Comments
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posted on 10 Feb 2012, 14:41 5

1. Sniggly (Posts: 7122; Member since: 05 Dec 2009)


Two out of three isn't a bad record at all. Adjust and overcome.

posted on 10 Feb 2012, 14:56 4

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


Its the german court system which is terrible. I really don't think apple and moto have any case against each other outside of germany.

posted on 10 Feb 2012, 15:22 3

7. remixfa (Posts: 13943; Member since: 19 Dec 2008)


that is such a joke court, you never know which way its going to go. that said, their average is better than Apple's by far.

posted on 10 Feb 2012, 15:25 6

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


Apple has so many junk lawsuits ofcourse its better. The slide to unlock lawsuit for example.

posted on 10 Feb 2012, 16:37 4

14. remixfa (Posts: 13943; Member since: 19 Dec 2008)


or the napkin lawsuit

posted on 10 Feb 2012, 14:51 2

2. gallitoking (Posts: 4690; Member since: 17 May 2011)


"Motorola still has two significant victories against Apple in the Mannheim courts"

this is what matters

posted on 10 Feb 2012, 14:58

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


However beacuse of frand apple is payig royalties at a fair price. Considering there profits i don't thonk they care.

posted on 10 Feb 2012, 14:53 1

3. Stuticus (Posts: 26; Member since: 05 Feb 2012)


Three data points are not enough for a trend though. We'll see what hapens when time goes on. With how long motorola has been around and how many patents they have, I hope apple gets crushed.

posted on 10 Feb 2012, 14:59

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


The only ones getting crushed is the consumer. These patents wars a bad and lets just hopw they end not cheer for more.

posted on 10 Feb 2012, 15:23 2

8. remixfa (Posts: 13943; Member since: 19 Dec 2008)


unfortunately, the only way they are going to end or at least subside at this point is if apple gets crushed in the courts. They have enough money to keep a full court press going on all sides for quite some time. They have to have their knees capped in order to start to play nice.

posted on 10 Feb 2012, 15:28 1

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


Apple diesn't need to get crushed but if they keep loosing and the court makes them pay lawyer fees they will stop which is what should happen. If they don't stop who cares they are just hurting themselves.

posted on 10 Feb 2012, 15:30 3

11. gallitoking (Posts: 4690; Member since: 17 May 2011)


wrong remix... we are so deep into the patents wars to just ended by Apple being crushed.. why because they are not the only ones involve there are other lawsuits not involving Apple.. what about those?...

posted on 10 Feb 2012, 16:39 2

15. remixfa (Posts: 13943; Member since: 19 Dec 2008)


the difference, gallito, is that apple goes after everyone they see as a financial threat with the most vague of complaints. it is a bully tactic. they have what is just about the world's largest war chest and they are not afraid to throw it around. They know they wont win on most of these lawsuits, the point is to SPEND the other company into submission. It is a cold war tactic. It is exactly how the US beat the USSR and ended the cold war. We spent them into depression and inflation.
Other companies sue all the time, but very few sue just to continually keep them tied in litigation. Most have an actual point... you know.. like a real patent, not just a napkin drawing.

posted on 10 Feb 2012, 16:56 1

16. gallitoking (Posts: 4690; Member since: 17 May 2011)


and what is the excuse for the other lawsuits...involving other manufacturers?

posted on 10 Feb 2012, 17:04 1

17. remixfa (Posts: 13943; Member since: 19 Dec 2008)


that they dont follow gallito logic!

posted on 10 Feb 2012, 17:13 1

18. gallitoking (Posts: 4690; Member since: 17 May 2011)


off topic.. I need your advice on something.. will email u later ok

posted on 10 Feb 2012, 16:04 1

12. dreammixer (banned) (Posts: 81; Member since: 10 Feb 2012)


This is sad really. Motorola is unable to compete in the marketplace and instead of putting money into innovation they're trying to compete in the courts.

posted on 10 Feb 2012, 16:09 3

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


hahahahahahahahahahahahahahahahahahahahaha. I thought you were going to say apple and after reading your comment i did a double take.

posted on 11 Feb 2012, 12:08

19. aztaxia12295 (Posts: 266; Member since: 22 Nov 2009)


can i have the drug ur on please? i need a little high now

posted on 14 Feb 2012, 01:33

20. AceXMachine (Posts: 6; Member since: 07 Dec 2011)


This is a troll comment if I EVER heard one LMFAO

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