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

105. joey_sfb

Posts: 6794; Member since: Mar 29, 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.

97. roscuthiii

Posts: 2383; Member since: Jul 18, 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?)

102. Sniggly

Posts: 7305; Member since: Dec 05, 2009

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

103. Mxyzptlk unregistered

I think we can conclude what you really meant.

104. Sniggly

Posts: 7305; Member since: Dec 05, 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.

77. 12Danny12

Posts: 20; Member since: Jun 25, 2012

Apple = Disappointment and greedy Google/MS = Much Kinder Companies

76. ibap

Posts: 873; Member since: Sep 09, 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.

59. prototype

Posts: 23; Member since: Jul 06, 2012

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

55. ekia007

Posts: 61; Member since: Feb 27, 2012

U called that patent apple?

42. kabukijoe

Posts: 102; Member since: Mar 06, 2010

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

38. mas11

Posts: 1034; Member since: Mar 30, 2012

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

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.

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.

46. networkdood

Posts: 6330; Member since: Mar 31, 2010

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

30. ampney50

Posts: 6; Member since: Aug 03, 2012

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

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

27. amiaq

Posts: 509; Member since: Jun 30, 2012

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

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".

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?

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: 17529; 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.

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

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.

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.

* Some comments have been hidden, because they don't meet the discussions rules.

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