Apple files motions for temporarily disabling Motorola to sue it because of the Google buyout

Apple files motions for temporarily disabling Motorola to sue it because of the Google buyout
Apple, banking on the ambiguity of who exactly should be suing it for patent infringement after Google's acquisition of Motorola, filed motions to halt the lawsuits that Motorola started against it.

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.

via FOSSPatents



1. PeterIfromsweden

Posts: 1230; Member since: Aug 03, 2011

Apple are such hypochrites !!!

2. som

Posts: 768; Member since: Nov 10, 2009

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

F**k you Apple! That's all that I have to say.

36. iKingTrust

Posts: 716; Member since: Jul 27, 2011

Why are you saying here? Go tell them, we dont care

4. ayephoner

Posts: 858; Member since: Jun 09, 2009

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

Posts: 6023; Member since: Dec 30, 2010

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

Posts: 14605; Member since: Dec 19, 2008

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 unregistered

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

Posts: 858; Member since: Jun 09, 2009

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

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

Posts: 858; Member since: Jun 09, 2009

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 unregistered

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

Posts: 858; Member since: Jun 09, 2009

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 unregistered

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

Posts: 858; Member since: Jun 09, 2009

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 unregistered

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

Posts: 858; Member since: Jun 09, 2009

yup. you dont get it.

39. remixfa

Posts: 14605; Member since: Dec 19, 2008

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

Posts: 858; Member since: Jun 09, 2009

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

Posts: 14605; Member since: Dec 19, 2008

amazing, i take a neutral position and you try to fight me on it. you really are a blind iSheep... lol

81. taco50

Posts: 5506; Member since: Oct 08, 2009

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

Posts: 14605; Member since: Dec 19, 2008

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

Posts: 858; Member since: Jun 09, 2009

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 worshipper that......ibots this...... grow a unique view and opinion or you are the sheep.

48. waveydavey unregistered

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

Posts: 858; Member since: Jun 09, 2009

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

Posts: 14605; Member since: Dec 19, 2008

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

Posts: 858; Member since: Jun 09, 2009

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

Posts: 3295; Member since: May 17, 2009

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

Posts: 858; Member since: Jun 09, 2009

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

Posts: 3295; Member since: May 17, 2009

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.

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