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.
The presiding judge in the Motorola v. Apple case in Illionois, Richard Posner, has just handed down an order dismissing all claims of both parties in the case, just as it was set to go to trial on Monday. Posner's preliminary order (he'll be writing a full decision soon, which I can't wait to read) basically says neither party was able to show that the infringement of patents by the other resulted in the production of evidence that said infringement actually caused them any harm. Read More
Update: It should come as no surprise, but Samsung has responded to Apple's attack on the Galaxy S III, saying it will "demonstrate to the court that the Galaxy S III is innovative and distinctive."
Apple and Samsung's ongoing litigation in California federal court has become something of a three-ring circus. Back in December, the presiding judge denied Apple's request for a preliminary injunction against a wide variety of Samsung products. Read More
Apple has filed a new complaint with the ITC against HTC over the same data-tapping patent that caused a substantial disruption of HTC's supply line into the United States, and resulted in delayed or stifled launches for a number of phones.
After removing the multi-option dialogue that appeared upon pressing a phone number in an email or webpage from its devices, HTC proclaimed it was clear of Apple's patent on data-tapping techniques. Read More
Update: We've received an official statement from an HTC spokesperson on the situation with US Customs, and it basically confirms what was said to the Taiwanese stock exchange. Here it is:
“Each imported HTC model must be reviewed by Customs and will be released once Customs officials have completed the inspection. Some models have gone through inspection and been released to our carrier customers. We don't have the status of each specific device model at this time, but we are working closely with Customs.
Apple is causing more mischief over in Germany today, having received an injunction from a Munich Regional Court against phone manufacturer Motorola for utilizing slide-to-unlock style lockscreen methods patented by Apple. Motorola intends to appeal the ruling. The basic point to take away is this: the court ruled that Apple's patent on the concept of moving a tracked image from left to right in order to unlock a phone is valid, and it seems likely that every slide-to-unlock implementation on Android would be infringing in their eyes. Read More
The blogosphere is currently aflutter with talk of the ITC (International Trade Commission) patent infringement decision in favor of Apple, and the resulting court order banning the import of infringing HTC devices starting April 19, 2012 (4 months from now). The ITC ruled that HTC infringed on two, relatively narrow claims in a patent related to "data tapping" that occurs at the system level in Android.
You know how your phone can automatically "see" an address or phone number on a web page or e-mail and send you to the appropriate app? Read More
In case you're unaware, Apple is in the process of suing just about everyone it competes with in the tablet/phone field. There's an abundance of irony in the entire situation - the most substantial of which I covered when Apple complained that Samsung and Motorola were anticompetitive because of their patents - but things just (at least, temporarily) took a turn for the awesome. A judge in Germany has ruled that 3G-enabled Apple products (including the iPhone, iPhone 3G, 3GS, 4, iPad 3G, and iPad 2 3G, but not specifically the iPhone 4S) infringe on a Motorola patent. Read More
If you haven't heard, Germany has pretty much become the hotspot for smartphone and tablet patent litigation. Most recently, HTC has been hitting headlines in its ongoing battle against IPCom, an intellectual property firm. IPCom claims that HTC's smartphones violate a number of its patents in the realm of 3G GSM technology. HTC says that the last time it made a phone which might have violated those patents was in 2009, and that it has since developed a workaround which does not infringe on IPCom's patents. Read More
A court in Mannheim, Germany today held a preliminary hearing in a patent dispute between Motorola Mobility and Apple Sales International (a European Apple distribution subsidiary), and it seems like Apple's on the ropes.
While the hearing didn't discuss the particular merits of Motorola's patent infringement claim against Apple, the presiding judge issued substantial blows to Apple's defense by indicating that he believed the patent-in-suit was ripe for trial. The judge also seemed to agree with Motorola's reading of that patent (also known as "construction claims") in important ways that would allow it a broader scope of applicability at trial. Read More