Two German court rulings call Apple patents into question
posted by Scott H. / Mar 16, 2012, 11:53 AM
Perhaps most gratifying to frequent readers, Apple’s utility patent for their slide to unlock feature is being put on hold while the German patent office reviews its validity. Apple was trying to assert two different slide to unlock patents against Samsung in Germany; the first was thrown out in early March, so Apple is finally running into a significant headwind over a patent that has clearly demonstrated pre-existing art. While Apple would be able to continue to sue over the utility patent if the review comes back in their favor, Judge Andreas Voss indicated that the court is concerned about the validity of all aspects of the patent, especially in its scope.
That’s probably cold comfort to Motorola, who actually lost in a different German court to one of Apple’s slide to unlock patents just a few weeks ago. Motorola has vowed to appeal it, but in the mean time they received some better news in another German court case – as we reported earlier, Apple was suing to ban the Motorola Gleam, a flip-phone sold in Europe, based on a patent on computing devices that have glowing parts in their housing. Yes, really.
The court found that yes, the Motorola Gleam sure does have glowy-bits on the outside, so it infringes on the patent, but the judge refused to allow an injunction against the device, siting “serious doubt about the validity of the patent”. In particular, Motorola’s lawyers appear to have made a convincing case that Sony-Ericsson filed a prior-art patent in 1997, five years before Apple’s 2002 patent filing.
Apple apparently has yet another case remaining to be ruled on today, so they have a chance to salvage a 1 for 3 win ratio. And if not, they can probably take comfort in the way the new iPad is basically printing money for them faster than they can count.
source: FOSS Patents, 1, 2
Posts: 39; Member since: Dec 26, 2011
Personally, not a hater, and fairly new in this Apple-sueing-somebody thing. But isn't it just a bit stupid to sue other people just because they have glow-in-the-dark stickers on their phones? Just saying..
posted on Mar 16, 2012, 12:06 PM 11
Posts: 117; Member since: Jan 03, 2012
Not if your purpose is to 'kill android' as Steve Jobs said. The patent is ridiculous. But Apple has tons of money with virtually nothing to do with it so they are trying to use it to destroy manufactures with less money to fight these battles.
posted on Mar 16, 2012, 12:29 PM 6
Posts: 270; Member since: Oct 13, 2009
Honestly, all responsibility should fall on the the patent seeker to clearly identify why their patent is distinctly unique and of value before it even goes up for review. This whole vague/generic crapola that e.g. glowing bits is complete bull
posted on Mar 16, 2012, 12:49 PM 8
Posts: 137; Member since: Jan 10, 2012
Take that cr(No Space)Apple! Damn, PhoneArena is Banning that word!
posted on Mar 16, 2012, 1:34 PM 5
Posts: 930; Member since: Dec 23, 2011
Eat it,Apple!!! Now,I would laugh my ass off to see the massive panic at Apple were Samsung to stop providing Apple with the components they depend on so dearly to build the iPad... A little Quid Pro Quo is in order here.
posted on Mar 16, 2012, 1:53 PM 5
Posts: 24; Member since: Apr 18, 2011
Final ITC ruling affirms Motorola Mobility didn't violate Apple's patentshttp://www.usitc.gov/secretary
posted on Mar 19, 2012, 6:44 AM 0
Posts: 24; Member since: Apr 18, 2011
German appeals court lets Motorola to continue push notification patent against Applehttp://www.tuaw.com/2012/03/16
posted on Mar 19, 2012, 6:46 AM 0
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