Motorola whiffs: now 2 for 3 in German Apple lawsuits

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

FEATURED VIDEO

20 Comments

1. Sniggly

Posts: 7305; Member since: Dec 05, 2009

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

4. biophone

Posts: 1994; Member since: Jun 15, 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.

7. remixfa

Posts: 14605; Member since: Dec 19, 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.

9. biophone

Posts: 1994; Member since: Jun 15, 2011

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

14. remixfa

Posts: 14605; Member since: Dec 19, 2008

or the napkin lawsuit

2. gallitoking

Posts: 4721; Member since: May 17, 2011

"Motorola still has two significant victories against Apple in the Mannheim courts" this is what matters

5. biophone

Posts: 1994; Member since: Jun 15, 2011

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

3. Stuticus

Posts: 26; Member since: Feb 05, 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.

6. biophone

Posts: 1994; Member since: Jun 15, 2011

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

8. remixfa

Posts: 14605; Member since: Dec 19, 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.

10. biophone

Posts: 1994; Member since: Jun 15, 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.

11. gallitoking

Posts: 4721; Member since: May 17, 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?...

15. remixfa

Posts: 14605; Member since: Dec 19, 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.

16. gallitoking

Posts: 4721; Member since: May 17, 2011

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

17. remixfa

Posts: 14605; Member since: Dec 19, 2008

that they dont follow gallito logic!

18. gallitoking

Posts: 4721; Member since: May 17, 2011

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

12. dreammixer

Posts: 81; Member since: Feb 10, 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.

13. biophone

Posts: 1994; Member since: Jun 15, 2011

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

19. aztaxia12295

Posts: 272; Member since: Nov 22, 2009

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

20. AceXMachine

Posts: 6; Member since: Dec 07, 2011

This is a troll comment if I EVER heard one LMFAO

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at https://www.parsintl.com/phonearena or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit https://www.parsintl.com/ for samples and additional information.