According to Bloomberg, Motorola Mobility has just filed a new lawsuit against Apple at the ITC. Now, ordinarily, we might not report on the filing of such a suit - especially when the complaint hasn't been made public (we have basically zero details). What makes this particular filing important, though, is that it is the first lawsuit filed by Motorola now that it is officially, 100% a part of Google.
We'd heard that Samsung was planning an oversized tablet with an incredible screen resolution, but after said 11-inch Galaxy Tab failed to appear at both CES and Mobile World Congress, the Android world moved on to bigger (though not necessarily better) things. In today's opening salvo of legal back-and-forth between Apple and Samsung, the tablet was revealed as part of the latter's strategy for 2012. The slightly larger 11.8-inch, 2560x1600 tablet has no designation beyond "P10", but it looks like Samsung definitely intended to release it when the document was created last year.
With Samsung and Apple's California trial scheduled for Monday, more and more information is being unearthed about the parties' respective claims. Yesterday, though, AllThingsD parsed out a few pieces of evidence from an unedited version of Apple's filing (not publicly available) that look quite bad for Samsung. I'll just quote them as they appear, because they really don't need much context:
- In February 2010, Google told Samsung that Samsung’s “P1” and “P3” tablets (Galaxy Tab and Galaxy Tab 10.1) were “too similar” to the iPad and demanded “distinguishable design vis-à-vis the iPad for the P3.”
- In 2011, Samsung’s own Product Design Group noted that it is “regrettable” that the Galaxy S “looks similar” to older iPhone models.
Update: It appears Samsung sent out the update removing universal search from international Galaxy S III's mistakenly. I'd say the point still stands for the United States, though.
On December 1, 2004, a patent was filed in the United States naming Apple as asignee (owner). Its title is "Universal interface for retrieval of information in a computer system." This patent, which you can find here, has become Apple's most effective weapon in its fight to see Android dubbed an iOS "ripoff" by courts and consumers.
When you try to think of companies that have a motivation to sue over smartphone patents involving Android, Fujifilm may very well be close to the bottom of the list, but you'd be wrong. The company has recently filed a lawsuit against Google subsidiary Motorola Mobility for infringing four of its patents.
The brouhaha began back in April 2011 (for those counting, that's a solid four months before Google even announced its acquisition of the company).
Samsung swiftly appealed the preliminary injunctions slapped on the Galaxy Tab 10.1 and Galaxy Nexus issued by a California district court, and the presiding circuit court has issued its response.
First, the court declined to even consider lifting the sales ban (preliminary injunction) on the Galaxy Tab 10.1 - meaning that ban will stay in effect unless Samsung wins out at trial. Second, it decided that Samsung had made a plausible case for denying the preliminary injunction against the Galaxy Nexus, and has lifted that ban temporarily, awaiting Apple's response, which is due by next week.
According to AllThingsD, Google is working quickly to release a software patch to its Galaxy Nexus handset in order to avoid a preliminary injunction sales ban in the US. Google says the patch will be coming very soon (eg, tonight). The news came hot on the heels of Judge Koh's denial of Samsung motion to stay the ban while it appealed the injunction to the circuit court.
Google will also be assisting Samsung in its appeal of the ban, and to challenge the legitimacy of one of Apple's patents on universal search.
In the tech world, it's almost impossible to launch a high-profile device without someone claiming you've infringed a patent somewhere. Today, it's Nokia's turn with the Nexus 7. The Finnish company has stated that it believes the Nexus 7 violates some of its standards-essential patents relating to WiFi. The announcement seems to be a more casual nod to Google and ASUS to simply fork over a bit of cash, akin to the Rob Schneider prompting Kevin for a tip in Home Alone 2*.
I have bad news, good news, and news that goes both ways. The bad news: one of Apple's 8,000 lawsuits has finally borne fruit, and it's rather substantial. A US judge has issued a preliminary injunction against the Samsung Galaxy Tab 10.1, meaning that once Apple posts a $2.6 million bond, the Tab 10.1 will have to be yanked from store shelves. (That $2.6 million is in case the injunction is later reversed, so that Apple can compensate Samsung.)
Luckily, there's that other news.
After an injunction hearing earlier this week, Judge Posner has issued his final decision on whether to throw out the Motorola v. Apple case. The result? You're (both) outta here.
Judge Posner dismissed both parties' cases with prejudice earlier this evening (meaning Apple and Moto cannot refile against one another on these issues in any other federal court). Apple will, of course, appeal.
Posner's feeling on Apple's insistent demand for an injunction against Motorola's smartphone products was summed up best by the following excerpt from the decision:
And while the patents themselves (or some of them at least) may well have considerable value, after the claims constructions by Judge Crabb and myself and after my grants of partial summary judgment only a handful of the original patent claims remain in the case; infringement of that handful may not be a source of significant injury past, present, or future.