Motorola files second appeal against dismissal of its ITC claims against Apple

Motorola files second appeal against dismissal of its ITC claims against Apple
Motorola has put the U.S. Court of Appeals for the Federal Circuit on notice that it plans to appeal the ITC's dismissal of a case Motorola had filed against Apple. This is the second time that the wholly owned Google subsidiary is challenging the dismissal of its claims. The ITC threw out three other Motorola patents in the suit back in August.

The court last month ruled that Motorola's last standing patent related to the case, for a proximity sensor, was invalid. U.S. Patent No. 6,246,862 covered a system that prevented a touchscreen from registering accidental touches during a phone call. Motorola argued that the prior art that Apple said quashed the patent was for handsets with buttons, not for the touchscreen devices that Motorola's patent covered.

As for the three other patents, Google appealed the decision in September and that appeal is ongoing. Google filed its opening brief in February and the ITC, along with Apple intervening on its behalf, responded on May 6th. Google will file a response and then a hearing will take place. Just Thursday, a court ruled that Microsoft did not infringe on the sam,e

For those who love to dress up and pretend that they are Perry Mason, feel free to read the filing below.


source: FOSSPatents, Scribd via AppleInsider



1. tedkord

Posts: 17456; Member since: Jun 17, 2009

Suddenly Apple thinks prior art is important.

2. mas11

Posts: 1034; Member since: Mar 30, 2012

Talk about sleazy, Apple will say whatever it takes to win even if it contradicts other statements they have made in the past about prior art. It's sad when Congress calls Tim Cook to discuss Apple's tax dodging and ends up asking him how they should fix it. The whose system is just so brainwashed and corrupt.

4. anywherehome

Posts: 971; Member since: Dec 13, 2011

No one who knows Apple a little doesn't trust them a word

7. anywherehome

Posts: 971; Member since: Dec 13, 2011

No one = everyone double negative, like spanish like it :)

6. stealthd unregistered

lol. Motorola's playing the same game Apple's accused of, competing in the court room, but they lose, yet Apple's the only "sleazy" one. Fanboys say the darndest things.

3. Doctor.Who

Posts: 5; Member since: May 23, 2013

Apple always accuse others of violating patents. While most of his business is infringed patents

5. stealthd unregistered

If that were true they would have been hammered into the ground with court losses by now, but that hasn't happened.

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