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69 'Motorola' stories January 2011 - October 2013
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iCloud Mail push notifications return in Germany as injunction gets lifted in Apple/Motorola dispute

Avatar for Jordan Kahn Oct 2 2013 - 6:50 am PT
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icloud

Since more than a year ago, Germans have not had access to push notifications for iCloud Mail services following a dispute between Apple and Motorola in the country that forced Apple to disable the feature. Now, as noted by German Apple blog iPhone-ticker.de, Apple has now confirmed that push notifications services have been switched back on in the country. The news comes following Apple’s success in getting the original injunction lifted after posting $132 million bond, according to FossPatents:

After the Federal Patent Court’s preliminary ruling, Apple filed with the Karlsruhe-based appeals court a motion to stay enforcement against Google’s will. In early September, the Karlsruhe Higher Regional Court granted it. I published my own (obviously unofficial) English translation of the order. The order revealed that Apple had to post a 100 million euro ($132 million) bond to get the injunction actually lifted. The paperwork for all of this apparently took a few weeks and presumably Apple’s technical staff conducted some internal tests before finally reactivating the push notification feature for end users — which it did today.

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One area that Moto X beats out new iPhones: Durability

Avatar for Jordan Kahn Sep 23 2013 - 7:44 am PT
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http://www.youtube.com/watch?feature=player_embedded&v=dLuwkrbhmYU

From 9to5Google:

We’ve enjoyed seeing the new iPhones get smashed to pieces in the inevitable drop tests that followed the launch of Apple’s two new smartphones this month, but what we really want to know is how it holds up against some of its Android competition. SquareTrade has just completed a durability test (via AllThingsD), and found that not only are the new iPhones not performing as well as last year’s models, the new 5s and plastic-backed 5c were both beat by Motorola’s new flagship Moto X:

“We were expecting that at least one of the new iPhone models would up its game but surprisingly, it was the Moto X that proved most forgiving of accidents,” SquareTrade marketing chief Ty Shay said in a statement. “This is the first time we’ve tested the breakability on a Motorola phone, the only phone we’ve ever tested that’s made in the USA. We were pleased to find that it withstood our drop, slide and dunk test with only the slightest dent. It looks like Google is giving Apple and Samsung a run for their money.”

The new iPhones did, however, beat out Samsung’s Galaxy S4, which was also included in the durability test.

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Motorola announces its new Moto X smartphone, arrives next month for $199

Avatar for Jordan Kahn Aug 1 2013 - 1:02 pm PT
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Motorola today launched its new flagship “Moto X” smartphone, the first device Google has launched under the brand after acquiring the company and taking it in a new direction. We already knew a lot about the device leading up to today’s event, but now we have all the details on specs and the many customization options that Motorola is hoping will help differentiate the device. With all the rumors of a next-gen iPhone possibly landing in multiple colors, it will be interesting to see if Google has any success with the Moto X customization strategy– Motorola is providing up to 32 color combinations (2 on the front, and 16 on the back) and around 2000 total customization options through a new online tool called “Moto Maker.” Moto X also includes some pretty respectable hardware for the $199 price point, but that of course puts it in direct competition with the iPhone. Get all the details on the device over on our sister site 9to5Google.com:

Motorola officially announces the Moto X, coming late August/early September

Moto X coming to AT&T for $199/$249 with exclusive colors & customization options

New ads show off Moto X ‘Quick Capture’ & always-on voice command features

http://www.youtube.com/watch?v=xXyCbrdQEyA

http://www.youtube.com/watch?v=vpU1mW0Mjm8

EU Commission says Motorola’s injunction against Apple in Germany amounts to abuse, prohibited by antitrust law

Avatar for Jordan Kahn May 6 2013 - 6:20 am PT
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European-CommissionAs if we needed someone to tell us that the ongoing patent lawsuits between Apple and Motorola in Germany were getting a little out of control… Today the European Commission has finally stepped up calling Motorola’s enforcement of an injunction against Apple with mobile standard essential patents “abuse of a dominant position prohibited by EU antitrust rules.” The EU Commission, however, does note that the statement of objections sent to Motorola does not reflect the final outcome of its investigation into its use of standard essential patents (SEPs):

The Motorola Mobility SEPs in question relate to the European Telecommunications Standardisation Institute’s (ETSI) GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. When this standard was adopted in Europe, Motorola Mobility gave a commitment that it would license the patents which it had declared essential to the standard on FRAND terms. Nevertheless, Motorola Mobility sought an injunction against Apple in Germany on the basis of a GPRS SEP and, after the injunction was granted, went on to enforce it, even when Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court.

The EU Commission essentially states that Apple should be able to license the technology under fair, reasonable and non-discriminatory terms decided by a third-party, and that Motorola’s approach with its latest injunction could “distort licensing negotiations and impose unjustified licensing terms.” Back in February of 2012, Apple was for a short while forced to remove all 3G devices from its online store in Germany following the injunction, and at the time Apple noted that “Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
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Judge says Apple and Google are using litigation as a business strategy, have ‘no interest’ in settlement

Avatar for Jordan Kahn Apr 11 2013 - 8:10 am PT
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apple_motorolaIn an ongoing case in which Apple and Google’s Motorola have accused each other of infringing various mobile related patents since 2010, U.S. District Judge Robert Scola said in an order yesterday that the two companies have no interest in reaching a settlement. Bloomberg reports Scola said in his order that both companies are using the litigation as a “business strategy that appears to have no end”:

“The parties have no interest in efficiently and expeditiously resolving this dispute; they instead are using this and similar litigation worldwide as a business strategy that appears to have no end,” U.S. District Judge Robert Scola in Miami said in an order dated yesterday. “That is not a proper use of this court.”

“Without a hint of irony, the parties now ask the court to mop up a mess they made by holding a hearing to reduce the size and complexity of the case,” he wrote. “The court declines this invitation.”

The result is Apple and Google will now have a four month period to narrow their claims related to the case that now includes over 180 claims for 12 patents. Bloomberg notes that Scola said the case currently includes “disputes over the meaning of more than 100 terms,” and that the case would be put on hold until the disputes are resolved if the two companies are unable to come up with a solution before the four month timeframe expires.

Back in November there were reports that Apple and Google’s Motorola were considering a settlement and even submitted “proposals on using binding arbitration to reach a licensing agreement” for standard essential patents to courts in Wisconsin. At the time Apple said “such an agreement could lead to a global settlement of all of their patent disputes,” but the two companies couldn’t come to an agreement on the arbitration process.

Last year Apple and HTC announced they reached a global settlement in multiple patent-related cases that some analysts estimated could be worth as much as $180 million to $280 million annually. When it comes to Samsung, many reports quoted Samsung’s Shin Jong-kyun as claiming the company does not “intend to (negotiate) at all” following the HTC settlement.

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Sony and Philips-backed Intertrust sues Apple over security and trusted computing patents

Avatar for Jordan Kahn Mar 20 2013 - 11:13 am PT
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Apple is the target of a new patent infringement suit filed today by Intertrust—a company backed by Sony and Philips that has licensed its patents to many companies in the past including Samsung, Nokia, Microsoft, HTC, Motorola, and others. The Wall Street Journal noted Philips and Sony each hold a 49.5-percent stake in the company that previously settled with Microsoft in 2004 for $440 million related to a patent infringement case.

The announcement from Intertrust on its website doesn’t mention the specific patents or technologies involved in the suit, but it claims Apple products, including iPhone, iPad, Apple TV, Macs, iCloud and iTunes, infringe on 15 Intertrust patents related to “security and distributed trusted computing.”

 The lawsuit accuses Apple of making products and services that infringe on 15 Intertrust patents on security and distributed trusted computing. The lawsuit covers a broad range of key Apple products and services including iOS devices such as the iPhone and iPad, Mac computers and laptops, Apple TV, and services including iTunes, iCloud, and the Apple App Store.

“Apple makes many great products that use Intertrust’s inventions,” said Talal Shamoon, Intertrust’s chief executive officer. “Our patents are foundational to modern Internet security and trusted computing, and result from years of internal research and development. We are proud of our record of peaceful and constructive licensing with industry leaders. We find it regrettable that we are forced to seek Court assistance to resolve this matter.”

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Apple successfully defends itself against Motorola in latest patent case

Avatar for Jake Smith Dec 18 2012 - 4:59 pm PT
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Apple successfully defended itself against a Motorola lawsuit over an accidental hang-up sensor on its iPhone line. Bloomberg reported this evening that U.S. International Trade Commission judge Thomas Pender ruled in Apple’s favor, as he has before, declaring Motorola’s patent invalid. The ITC’s commission still has the power to review the ruling, but that hasn’t stopped Motorola from releasing an official statement on the matter.

Jennifer Erickson, a Motorola Mobility spokesperson, told Bloomberg in a statement: “We’re disappointed with this outcome and are evaluating our options.” Motorola is a part of Mountain View-based Google, which was acquired last August for $12.5 billion in a patent defense move.

Motorola’s collective lawsuit was filed in August with a claim that Apple violated seven patents with its iPhone, iPad, iPod touch and iOS products, and even Macs. The suit was filed during the same time Apple worked to defeat Samsung in a historic patent case that played out during the better part of August. Samsung was ultimately ruled to pay damages of more than $1 billion.


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‘Steve Jobs’ iPhone patent used against Samsung/Motorola invalidated by US patent office, could affect lawsuits

Avatar for Jordan Kahn Dec 7 2012 - 1:48 pm PT
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Image (1) January-2007-iPhone-introduction-Steve-Jobs-shows-pinch-zoom-with-his-fingers.jpg for post 61070

In October, as pointed out in Samsung filings with U.S. District Lucy Koh, we told you that the U.S. Patent and Trademark Office issued a non-final decision that declared 20 claims related to Apple’s rubber-banding patent invalid. While Samsung and Apple were back in court yesterday regarding post-trial motions, today FossPatents reported (via MacRumors) the USPTO has issued another non-final ruling declaring yet another Apple multitouch patent invalid.

This time it’s a touchscreen patent, commonly called “the Steve Jobs patent,” that courts previously deemed valid in cases against Samsung and Motorola in the past:

This week, the USPTO issued a first Office action rejecting all 20 claims of U.S. Patent No. 7,479,949 on a “touch screen device, method, and graphical user interface for determining commands by applying heuristics”, which has been referred to by many people, including Apple’s own lawyers, as “the Steve Jobs patent”.

The touchscreen heuristics ‘949 patent has also been asserted against Motorola. Judge Posner declared large parts of the patent invalid and identified only some minor potential infringement on Motorola’s part that he decided would not warrant injunctive relief even if Apple prevailed on whatever little was left of its related claims.
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Judge rules Apple vs. HTC patents can be exposed to public, pricing and royalty amount to remain under-wraps

Avatar for Jake Smith Dec 3 2012 - 7:33 pm PT
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one x+ iphone 5 htc

Josh Lowensohn for CNET:

In an ruling tonight, U.S. District Court Judge Lucy Koh said that while details of pricing and royalty rates for patents from both companies should be kept under wraps from public view, the same does not hold true for the rest of the agreement.

“This Court has repeatedly explained that only the pricing and royalty terms of license agreements may be sealed,” Koh wrote in a ruling. “There are compelling reasons to seal pricing and royalty terms, as they may place the parties to the agreement at a disadvantage in future negotiations, but there is nothing in the remainder of the agreement that presents a sufficient risk of competitive harm to justify keeping it from the public.”
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Apple’s AuthenTec sells off embedded security solutions division, keeps the fingerprint & NFC tech

Avatar for Jordan Kahn Nov 19 2012 - 5:47 am PT
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In July, a 10K filing showed that Apple acquired security company AuthenTec for $356 million. At the time, we noted Apple was presumably after the company’s various fingerprint-related technologies, while companies such as Samsung, Motorola, and others entered in deals with AuthenTec for its secure VPNs, encryption algorithms, and security-related products. Today, NFCWorld (via TechCrunch) reported Authentec has now sold its embedded security solutions division to NFC company Inside Secure. The sale would seem to indicate that Apple was indeed specifically after the company’s fingerprint and NFC solutions:

The sale suggests that Apple’s interest in acquiring Authentec lies with the company’s innovative combined fingerprint and NFC solution, which is not part of the division being acquired by Inside Secure, and will lead to renewed speculation that Apple will include NFC in future iPhones and other devices…. NFC and contactless chip provider Inside Secure is to acquire the embedded security systems division of Authentec, the fingerprint and secure solutions specialist which Apple agreed to buy for US$356m in July 2012. The transaction is valued at up to US$48m.

To get a hold of AuthenTec’s Embedded Security Solutions Division, Inside Secure will reportedly pay $38 million in cash and another $10 million “subject to completion of certain post-closing transactions.” Products the division is responsible for are currently used in hundreds of millions of mobile and networking devices worldwide, with customers ranging from Samsung, Nokia, LG, and Motorola to HBO, Cisco, and Texas Instruments. Last year, the division brought in sales of $25.3 million.
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Google/Motorola says Apple’s patent claims thrown out ‘with prejudice’

Avatar for Jordan Kahn Nov 5 2012 - 11:52 am PT
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According to a report from Reuters, Google issued a statement that a Wisconsin federal court has decided to dismiss Apple’s “patent lawsuit with prejudice.” The report explained this particular case was brought on by Apple in part to determine what the courts considered fair and reasonable licensing terms for the patent portfolio Google acquired when purchasing Motorola.

Google said in a statement that it is still interested in making a deal with Apple “at a reasonable and non-discriminatory rate in line with industry standards”:

“We’re pleased that the court has dismissed Apple’s lawsuit with prejudice,” a Google spokeswoman said in an emailed statement on Monday…”Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards,” Google said in its statement. “We remain interested in reaching an agreement with Apple.”

Reuters explained the case being dismissed with prejudice means it is officially over at the trial court level. However, Apple can still appeal:
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Apple has reportedly acquired HTML 5 design firm Particle for the talent

Avatar for Jake Smith Oct 16 2012 - 7:42 pm PT
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According to CNET, Apple has acquired HTML 5/web-app design firm Particle for an undisclosed amount. Particle has had big-name clients, such as Google, Sony, Motorola, and even Apple, over the years. The acquisition is said to be for the sole purpose of acquiring talent —or an “acqui-hire,” as one might call it—to boost Apple’s current services. CNET provided the specifics:

The deal went through late last month, though not all its less than a dozen employees stayed on to work at Apple. Those who did are listed as “creative technologists” as well as one “user interface engineer,” according to their public LinkedIn profiles.

Here is the firm’s website talking about past work for Apple:

Particle brings positive and energetic relationships with Google and the Chrome team specifically, as well as great Apple relationships and execution experience around iAds, iTunes Extras, and Apple.com. We have participated in and piloted much of the technology which will display the next generation of advertising and deliver media content for the next decade.

The iCloud web-interface is one area where the Particle team might focus in particular.


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iPhone 5 scores ‘low concern’ in chemical analysis of 36 smartphones

Avatar for Jordan Kahn Oct 3 2012 - 5:49 am PT
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Together, with HealthyStuff.org, our friends at iFixit have just completed a chemical analysis of 36 smartphones, including the iPhone 5 and previous generations of the device. Each device was ranked from 0 to 5 (with 0 being best) based on a number of common hazardous materials including lead, bromine, and mercury. In the image above, we see a breakdown on which components of the iPhone 5 have the highest concentration of those chemicals. The findings show Apple is making good in its commitment to greatly reduce harmful chemicals in its products, with the iPhone 4S and iPhone 5 ranking significantly better than previous generations. For instance, the iPhone 2G lands itself at the bottom of the list with a “high concern”—not far from Nokia’s N95.

The iPhone 4S was able to outrank the iPhone 5; indicating Apple was not able to significantly reduce hazardous chemicals in the new device. However, all iPhone models were behind the Motorola Citrus—a device Motorola specifically markets as an eco-friendly option. While iPhone 4S came in second behind Citrus, the inexpensive LG Remarq and Samsung Captivate were able to beat out the iPhone 5. When it comes to Apples’ biggest competitors, such as Samsung’s flagship Galaxy S III and higher-end devices from HTC, the iPhone 4/4S/5 all outrank the competition.

As noted by iFixit, each year only about 8 percent of the 130 million discarded cellphones make it to proper recycling facilities. With Apple likely to build a 100 million new iPhones in the year to come, Apple’s commitment to make the “most environmentally responsible products in our industry” is certainly an important one.

iFixit explained the method used to rank the phones:


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ITC launches investigation of Apple devices following Motorola complaint

Avatar for Jordan Kahn Sep 18 2012 - 8:06 am PT
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The United States International Trade Commission announced today (via TNW) that it would launch an investigation of Apple devices, including iPhones, iPods, iPads and Macs, following a complaint filed by Motorola last month that sought an import ban related to seven patents. The release from the ITC does not provide many details and only stated it will investigate “certain wireless communication devices, portable music and data processing devices, computers, and components thereof” from Apple.

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN WIRELESS COMMUNICATION DEVICES, PORTABLE MUSIC AND DATA PROCESSING DEVICES, COMPUTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices, portable music and data processing devices, computers, and components thereof. The products at issue in this investigation are certain Apple iPhones, iPods, iPads, and Apple personal computers.

The investigation is based on a complaint filed by Motorola Mobility LLC of Libertyville, IL, Motorola Mobility Ireland of Bermuda, and Motorola Mobility International Limited of Bermuda, on August 17, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless communication devices, portable music and data processing devices, computers, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-856), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

Google’s attempt to block U.S. imports of iPhone and iPad thwarted as ITC remands investigation of one patent

Avatar for Jordan Kahn Aug 24 2012 - 4:24 pm PT
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Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.

In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.

The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year:

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Collapsing Nokia may have had Apple-like hardware in development in the 90s

Avatar for Seth Weintraub Jul 19 2012 - 5:28 am PT
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…but horrific corporate management has it in a place where it may be forced into a patent firesale.

Interesting article on Nokia in the Wall Street Journal last night. It starts with:

More than seven years before Apple Inc. rolled out the iPhone, the Nokia team showed a phone with a color touch screen set above a single button. The device was shown locating a restaurant, playing a racing game and ordering lipstick. In the late 1990s, Nokia secretly developed another alluring product: a tablet computer with a wireless connection and touch screen—all features today of the hot-selling Apple iPad.

“Oh my God,” Mr. Nuovo says as he clicks through his old slides. “We had it completely nailed.”

Hardware is a key element, but, as we saw with Apple’s 2002 iPad, software, marketing, ecosystem and maybe most of all timing also play important roles when determining the success of a product line. When the time was right and the opportunities presented themselves, however, Nokia failed to execute.

“What struck me when we started working with Nokia back in 2008 was how Nokia spent much more time than other device makers just strategizing,” Qualcomm Chief Executive Paul Jacobs said. “We would present Nokia with a new technology that to us would seem as a big opportunity. Instead of just diving into this opportunity, Nokia would spend a long time, maybe six to nine months, just assessing the opportunity. And by that time the opportunity often just went away.”

Anecdotally, I have a friend who worked with Nokia in advertising. He would say the same thing: The company was gridlocked by politics and poor leadership. Different product groups treated different parts of the company as competitors and not compatriots.

And, five years after the iPhone unveiled, Nokia is in a tail spin. This is causing a cash crunch so huge that it will likely be forced to sell off a lot of those early patents that are valued around $6 billion—which is just slightly under Nokia’s current $6.5 billion market cap. That means investors have very little confidence in the firms ability to succeed. In fact, had Google waited, Nokia might have been a better patent purchase target than Motorola.

Nokia still is struggling to turn its good ideas into products. The first half of the year saw Nokia book more patents than in any six-month period since 2007, Mr. Elop said, leaving Nokia with more than 30,000 in all. Some might be sold to raise cash, he said.

“We may decide there could be elements of it that could be sold off, turned into more immediate cash for us—which is something that is important when you’re going through a turnaround,” Mr. Elop said.

It is pretty sad that a company like Nokia is not worth more than the patents it holds.

Motorola Xoom does not violate iPad design patent, rules German court

Avatar for Élyse Betters Jul 17 2012 - 8:34 am PT
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A German court ruled this morning that the “popular” Android-powered tablet does not violate the patented look of Apple’s tablet. The Duesseldorf court discarded one claim by the Google-owned manufacturer, however, about the iPad’s design patent being inapplicable.

FoxBusiness explained:

  • Apple initially sued Motorola for allegedly infringing three iPad designs with the Xoom. It sought to have the device banned across Europe.
  • Although the judges ruled Motorola’s Xoom doesn’t infringe on the iPad, the court rejected a counterclaim brought by Motorola alleging the iPad’s design patent is invalid, a spokesman for the court said.
  • As the court ultimately rejected both parties’ claims, it ordered Apple to pay two-thirds of costs and Motorola to pay a third, the spokesman added.
  • […] During two hearings prior to the ruling, the presiding judge had indicated the court was leaning in Motorola’s favor. Judge Johanna Brueckner-Hofmann said in March that the court considered the evenly bent back and shaped edges on the front of the Xoom tablet sufficient to give the product individual character.

Apple is also suing Motorola in a Mannheim court for allegedly breaching a patent on multi-touch enabled devices.

Get the full report at FoxBusiness.


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Report: Judge who dismissed Apple’s case against Motorola disputes legal protection for tech industry

Avatar for Élyse Betters Jul 5 2012 - 6:50 am PT
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Reuters interviewed the U.S. judge today who dismissed Apple’s patent court case against Motorola, and the details behind the jurist’s reasoning for tossing the lawsuit are as interesting as they are controversial.

Richard Posner sits on the 7th U.S. Circuit Court of Appeals in Chicago and disputes whether software and related tech industries should even have patents for their products.

“It’s not clear that we really need patents in most industries,” said Posner, referring to the slew of features in smartphones that are legally protected. “You just have this proliferation of patents. It’s a problem.”

Posner, 73, argued the pharmaceutical industry better deserved protection for its intellectual property because of the, as Reuters coined it, “enormous investment it takes to create a successful drug.” He tossed Apple’s lawsuit against Google’s Motorola Mobility last month and denied an injunction against the sale of Motorola devices using Apple’s patented technology.

The judge attributed Apple’s scramble to attack competitors allegedly using its technology to a “constant struggle for survival.”

“As in any jungle, the animals will use all the means at their disposal, all their teeth and claws that are permitted by the ecosystem,” Posner contended.


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Apple in court: Apple vs Motorola, Samsung wins damages, Kodak sues

Avatar for Jordan Kahn Jun 20 2012 - 8:12 am PT
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There are several reports today on Apple’s ongoing court cases with Samsung and Motorola. First, we have the latest on the United States case between Apple and Google’s Motorola Mobility with Reuters reporting on a “crucial hearing” scheduled for today:

Federal Judge Richard Posner in Chicago will hear Apple argue why it should be able to seek an order barring the sale of some Motorola phones. Posner’s decision could affect the iPhone maker’s ability to negotiate favorable licensing agreements in its legal fights against Motorola and other competitors like Samsung Electronics Co Ltd… last week Posner granted Apple’s request for a hearing on a possible injunction, and ordered both sides to submit legal arguments in advance. Those documents were filed under seal on Monday.

The last time we reported on this Apple/Samsung Galaxy case in the U.S., Apple was forced to request a separate hearing for a ban on the Galaxy S III. A trial date for Apple’s previous injunction requests for the Galaxy line is set for July 30. In its patent disputes with the company in Europe, Reuters reported today that a Dutch court in The Hague ruled Apple would have to pay damages for violating a Samsung patent with pre-iPhone 4S devices:

A court in The Hague ruled Apple had violated a Samsung patent used in some of Apple’s phones and tablet computers to connect to the Internet, and said damages should be based on certain iPhone and iPad sales in the Netherlands… Damages should be based on Dutch sales figures since August 4, 2010, which the court said was the date when Apple could have known it was violating Samsung’s patent.

FossPatents weighed in:

…there’s no question that Apple is ready, willing and able to pay a FRAND royalty rate. It just didn’t want Samsung to win an injunction, or pay an excessive rate. Court documents say that Apple asked Samsung half a dozen times (!) to quote a FRAND rate before the 2.4% demand, which the court considered outrageous, was made… Considering the parameters and circumstances I just described, Samsung will be lucky to even recover its attorneys’ fees with this. The dispute will continue.

In other Apple court news, bankrupt Kodak is suing the company this week for wrongly claiming ownership of 10 patents and “interfering with plans to sell a large patent portfolio.” Reuters explained:

In a lawsuit filed on Monday in U.S. bankruptcy court in Manhattan, Kodak said Apple, the largest U.S. company by market value, wrongly claims to own 10 patents arising from work that the companies did together in the early 1990s… Kodak said Apple is the largest infringer of patents in that portfolio, and also a potential purchaser of those patents… “Apple’s strategy has been to use its substantial cash position to delay as long as possible the payment of royalties to Kodak” and interfere with the sale, Kodak said.

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Apple faces delays in bid for sales bans in German Motorola case and US Galaxy Tab case

Avatar for Jordan Kahn Jun 5 2012 - 5:52 am PT
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According to two separate reports today, Apple is once again facing roadblocks in its attempt to win sales bans in a patent-related litigation with Samsung and Motorola.

The first report comes from Bloomberg about a court in Dusseldorf, Germany, which said Apple would likely lose its bid for an injunction on Motorola’s Xoom tablet in the country:

The German court that banned Samsung Electronics Co.’s Galaxy 10.1 tablet sales last year is unlikely to grant Apple the same victory against Motorola Mobility’s device, Presiding Judge Johanna Brueckner-Hofmann said at a Dusseldorf hearing. The assessment is preliminary and may change after today’s arguments are reviewed. A ruling is scheduled for July 17… “We don’t think someone sits in a coffee house using the Xoom and hopes other people will think he owns an iPad,” Brueckner-Hofmann said.

The second report is related to the ongoing United States Samsung/Apple patent case. Today, CIO claimed Apple’s request to ban Samsung’s Galaxy Tab 10.1 was delayed due to a judge in California telling the court it will hold off on a ruling:

Apple’s bid to get a ban on sales in the U.S. of Samsung’s Galaxy Tab 10.1 tablet has been delayed after a federal court in California said on Monday it could not rule right away on Apple’s request for a preliminary injunction, while the matter is before an appeals court… The judge said Apple can renew its request for a preliminary injunction once the appeal court issues its ruling.

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Judge rules Steve Jobs’ thermonuclear comments can be used in Motorola trial

Avatar for Jake Smith Jun 2 2012 - 3:49 pm PT
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Apple’s CEO Steve Jobs was known for being vocal when it came to talking about Google’s Android. Comments from Jobs referring to Android as a stolen product and vowing to destroy it even made it into Walter Isaacson’s official biography about the chief. Now, a judge presiding in a patent case with Motorola ruled that he would allow the comments to be referenced in trial, which goes against requests from Apple’s lawyers. Reuters reported (via GigaOM):

Steve Jobs gave a lot of juicy quotes before he died, and Apple Inc has failed to keep some of them out of an upcoming patent trial against Google’s Motorola Mobility unit, according to a court ruling.

A couple of examples:

  • “I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”
  • “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

ETSI selects Apple’s nano-SIM design for new 4FF standard?

Avatar for Jordan Kahn Jun 1 2012 - 5:40 am PT
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We already knew that Apple is pushing hard to have the European Telecommunications Standards Institute select its nano-SIM card design over competitors like Nokia and Motorola, who proposed their own alternative design with RIM. While it was rumored that Apple had support from the majority of European operators, the ETSI confirmed today that it has selected a form factor for the new 4FF SIM Card:

The fourth form factor (4FF) card will be 40% smaller than the current smallest SIM card design, at 12.3mm wide by 8.8mm high, and 0.67mm thick. It can be packaged and distributed in a way that is backwards compatible with existing SIM card designs. The new design will offer the same functionality as all current SIM cards.

The announcement from the ESTI does not flat-out confirm Apple’s design was chosen, but we are able to confirm that the new form factor does match up nicely with measurements of Apple’s proposed design thanks to a little bit of investigative work courtesy of The Verge. Unfortunately, Nokia and Motorola’s proposed design had almost identical dimensions. We will have to wait for more official information on the new standard from ESTI before we know for sure that Apple’s design was selected.

The ESTI explained the standard would be published in its TS 102 221 specification:


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Google closes Motorola deal, appoints CEO that Apple once tried to poach

Avatar for Élyse Betters May 22 2012 - 7:40 am PT
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Google just announced it closed the deal on its $12.5 billion acquisition of Motorola Mobility, but new reports suggest that direct-competitor Apple tried to poach newly-appointed Motorola chief and Googler Dennis Woodside sometime last year.

Bloomberg, which cited two people familiar with the matter, claimed Apple’s CEO Tim Cook contacted Woodside and tried to lure him away with a flashy proposal to become head of sales at the Cupertino, Calif.-based Company.

Meanwhile, Google’s CEO Larry Page had to guarantee Woodside a better gig to keep him from jumping ship, which poised the executive to take the reigns as Motorola’s new top-dog.

According to Bloomberg: 

Last August, Google (GOOG) Chief Executive Officer Larry Page fulfilled a pledge made to one of his senior executives, a square-jawed former attorney named Dennis Woodside. Apple (AAPL) CEO Tim Cook had been trying to poach Woodside to make him Apple’s head of sales, but Google had convinced Woodside to stay, in part by promising him greater responsibility at the search company, according to two people with knowledge of the matter, who asked not to be named because the discussions were private. Now it was time to make good. Woodside says he was speaking with board member Ram Shriram when Page asked him to run Motorola Mobility, the company Google had just acquired for $12.5 billion. ‘He said, ‘I know you’ve been looking for a challenge,’’ Woodside recalls. ‘I want you to run Motorola. I think you’d be great at it. Can you let me know by tonight?’’

Read the full-story about Google’s acquisition of Moto at 9to5Google. 


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German judge upholds ban on Apple push email, Apple must pay damages to Motorola Mobility

Avatar for Seth Weintraub Apr 13 2012 - 5:04 am PT
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Apple suffered a significant blow in the ongoing patent battles with Android competitors today when a Mannheim regional court in Germany ruled against an Apple appeal.

The court backed an earlier decision that banned Apple from offering the service for synchronizing emails on Apple’s mobile devices that use iCloud.

The court said Apple must pay damages to Motorola Mobility, but didn’t specify the amount.

The judge adjourned a decision on mobile communication standards, which Motorola Mobility regards as standard-essential. He didn’t say when the court will rule on this patent case.

Thermonuclear.
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