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

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.

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

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104 Comments

1. ishfaq.mehraj

Posts: 10; Member since: Jul 30, 2012

Frustrated apple...

99. The_Godfather

Posts: 196; Member since: Apr 26, 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

101. Mxyzptlk unregistered

Why? Blame Google and Motorola for abusing FRAND patents.

2. taco50

Posts: 5506; Member since: Oct 08, 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.

4. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

5. taco50

Posts: 5506; Member since: Oct 08, 2009

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

10. dmckay12

Posts: 243; Member since: Feb 25, 2012

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

52. joey_sfb

Posts: 6794; Member since: Mar 29, 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.

47. roscuthiii

Posts: 2383; Member since: Jul 18, 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.

91. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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).

11. frydaexiii

Posts: 1476; Member since: Dec 01, 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.

13. RapidCat

Posts: 351; Member since: Jun 12, 2012

iPhoneCult

15. Rocksteady unregistered

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.

18. Ubi2447

Posts: 131; Member since: Feb 14, 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.

45. networkdood

Posts: 6330; Member since: Mar 31, 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?

24. SonyFTW2020

Posts: 311; Member since: May 03, 2012

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

43. networkdood

Posts: 6330; Member since: Mar 31, 2010

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

6. andrew1953

Posts: 176; Member since: Nov 13, 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.

14. andro.

Posts: 1999; Member since: Sep 16, 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

19. groupsacc

Posts: 232; Member since: Feb 28, 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.

41. Aeires unregistered

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

71. 12Danny12

Posts: 20; Member since: Jun 25, 2012

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

78. tedkord

Posts: 17410; Member since: Jun 17, 2009

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

22. jroc74

Posts: 6023; Member since: Dec 30, 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?

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 !!

62. Sackboy117

Posts: 178; Member since: Oct 17, 2011

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

27. amiaq

Posts: 509; Member since: Jun 30, 2012

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

28. Reverence

Posts: 224; Member since: Jul 16, 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

30. ampney50

Posts: 6; Member since: Aug 03, 2012

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

35. TROLL

Posts: 4851; Member since: Apr 13, 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.

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