Motorola sues Apple alleging iPhone and iPad patent infringement

Motorola, Inc. today announced that it’s subsidiary, Motorola Mobility, Inc., has filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s iPhone, iPad, iTouch and certain Mac computers infringe Motorola patents. Motorola Mobility also filed patent infringement complaints against Apple in the Northern District of Illinois and the Southern District of Florida.

From Motorola, Inc.’s press release, verbatim:

Overall, Motorola Mobility’s three complaints include 18 patents, which relate to early-stage innovations developed by Motorola in key technology areas found on many of Apple’s core products and associated services, including MobileMe and the App Store. The Motorola patents include wireless communication technologies, such as WCDMA (3G), GPRS, 802.11 and antenna design, and key smartphone technologies including wireless email, proximity sensing, software application management, location-based services and multi-device synchronization.

Motorola Mobility has requested that the ITC commence an investigation into Apple’s use of Motorola’s patents and, among other things, issue an Exclusion Order barring Apple’s importation of infringing products, prohibiting further sales of infringing products that have already been imported, and halting the marketing, advertising, demonstration and warehousing of inventory for distribution and use of such imported products in the United States. In the District Court actions, Motorola Mobility has requested that Apple cease using Motorola’s patented technology and provide compensation for Apple’s past infringement.

Kirk Dailey, corporate vice president of intellectual property at Motorola Mobility, said, “Motorola has innovated and patented throughout every cycle of the telecommunications industry evolution, from Motorola’s invention of the cell phone to its development of premier smartphone products. We have extensively licensed our industry-leading intellectual property portfolio, consisting of tens of thousands of patents in the U.S. and worldwide. After Apple’s late entry into the telecommunications market, we engaged in lengthy negotiations, but Apple has refused to take a license. We had no choice but to file these complaints to halt Apple’s continued infringement. Motorola will continue to take all necessary steps to protect its R&D and intellectual property, which are critical to the company’s business.”

Source: Motorola, Inc.

MacDailyNews Take: And the plot thickens…

[Thanks to MacDailyNews Reader “Dan K.” for the heads up.]

88 Comments

  1. Moto should tread carefully — Steve might just buy them up with pocket change and put the whole sorrowful bunch out on the street. They so blew it within the last decade and now they are riding on Googles questionable tails. This was a company that was innovative and cutting edge in their day but certainly lost their way. How sad. Not unlike Kodak, who had so much of the technology in their hands but couldn’t or wouldn’t challenge their cash cow and develop innovative products. Now they too are litigation happy. Don’t develop something, sue!

  2. Moto should tread carefully — Steve might just buy them up with pocket change and put the whole sorrowful bunch out on the street. They so blew it within the last decade and now they are riding on Googles questionable tails. This was a company that was innovative and cutting edge in their day but certainly lost their way. How sad. Not unlike Kodak, who had so much of the technology in their hands but couldn’t or wouldn’t challenge their cash cow and develop innovative products. Now they too are litigation happy. Don’t develop something, sue!

  3. Well in this case the estate of Hedy Lamarr should sue everybody!

    http://news.cnet.com/8301-10784_3-6138928-7.html

    “… How much sexier can you get than a woman who started her professional life in a minor, scandalous film and eventually went on to invent the technology that enables modern encrypted satellite communications and cell phone operations, stopping along the way to escape Nazis and engineer a hugely successful Hollywood career?
    Hedy Lamarr. Stunning good looks and the classic come-hither bedroom gaze were just the beginning of her story. First, after beginning her acting career in a vaguely naughty Czech film, she became an influential Viennese socialite, hobnobbing and listening closely to heads of state and military officials. Said to have smuggled herself out of Austria and a bad marriage to a Nazi munitions dealer, Lamarr then negotiated a contract with Louis B. Mayer and launched a gigantic career in Hollywood films.

  4. Well in this case the estate of Hedy Lamarr should sue everybody!

    http://news.cnet.com/8301-10784_3-6138928-7.html

    “… How much sexier can you get than a woman who started her professional life in a minor, scandalous film and eventually went on to invent the technology that enables modern encrypted satellite communications and cell phone operations, stopping along the way to escape Nazis and engineer a hugely successful Hollywood career?
    Hedy Lamarr. Stunning good looks and the classic come-hither bedroom gaze were just the beginning of her story. First, after beginning her acting career in a vaguely naughty Czech film, she became an influential Viennese socialite, hobnobbing and listening closely to heads of state and military officials. Said to have smuggled herself out of Austria and a bad marriage to a Nazi munitions dealer, Lamarr then negotiated a contract with Louis B. Mayer and launched a gigantic career in Hollywood films.

  5. Very interesting! Maybe they can all start suing the patent system for false protection. The companies could then take their complaint on the world patent system to the ITC.

    Now that would be something to see.” width=”19″ height=”19″ alt=”grin” style=”border:0;” />

  6. Very interesting! Maybe they can all start suing the patent system for false protection. The companies could then take their complaint on the world patent system to the ITC.

    Now that would be something to see.” width=”19″ height=”19″ alt=”grin” style=”border:0;” />

  7. If motorola invented it then:
    Where is their iPhone?
    Where is their iPad?
    Where is their innovation?
    Where are their revolutionary products?

    You know some cave man probably invented the wheel, and it sat in a cave until some other guy (probably and distant relative of SJ) came along and figured out what to do with it. Patent or no patent these trolls need to be stopped. A huge waste of time and resources.

  8. If motorola invented it then:
    Where is their iPhone?
    Where is their iPad?
    Where is their innovation?
    Where are their revolutionary products?

    You know some cave man probably invented the wheel, and it sat in a cave until some other guy (probably and distant relative of SJ) came along and figured out what to do with it. Patent or no patent these trolls need to be stopped. A huge waste of time and resources.

  9. The question is whether Motorola’s patent portfolio is worth $10B. That is how much Apple would need in order to buy a controlling (majority) stake at current stock value ($8.50, $19B market cap). I seriously doubt it. Consequently, Apple will just aggressively pursue litigation to defend the patents.

  10. The question is whether Motorola’s patent portfolio is worth $10B. That is how much Apple would need in order to buy a controlling (majority) stake at current stock value ($8.50, $19B market cap). I seriously doubt it. Consequently, Apple will just aggressively pursue litigation to defend the patents.

  11. Apple is a deep pocket these days. As such it is a target for litigation by anyone who is looking for a free lunch.

    Historically ( forget revisionist history), Apple has always been the oracle of technology and the leader that everyone copies.

    We all know which technology company is the eternal innovator.

    Most of these lawsuits are nothing but fishing expeditions by companies hoping to get favorable judgements on patent infringement by obfuscating issues and technological issues and facts in presenting them to technophobic and technology illiterate judges and juries in the hopes of persuading them ( nudge nudge, wink wink) of merit…

    These verdicts can be repeatedly appealed all the way up to the supreme court at great expense of time, money and can be very distracting to a company’s focus.

    Usually the companies will settle for nuisance value rather than incur the hassle.

    Apple, as customary, will settle any cases that may have merit before they even get to court round 1.

  12. Apple is a deep pocket these days. As such it is a target for litigation by anyone who is looking for a free lunch.

    Historically ( forget revisionist history), Apple has always been the oracle of technology and the leader that everyone copies.

    We all know which technology company is the eternal innovator.

    Most of these lawsuits are nothing but fishing expeditions by companies hoping to get favorable judgements on patent infringement by obfuscating issues and technological issues and facts in presenting them to technophobic and technology illiterate judges and juries in the hopes of persuading them ( nudge nudge, wink wink) of merit…

    These verdicts can be repeatedly appealed all the way up to the supreme court at great expense of time, money and can be very distracting to a company’s focus.

    Usually the companies will settle for nuisance value rather than incur the hassle.

    Apple, as customary, will settle any cases that may have merit before they even get to court round 1.

  13. Motorola was a big innovator at the birth of cellular technology. They doubtlessly have a huge patent portfolio. Regardless of what you think of today’s Moto phones, you can’t ignore their past stature.

  14. Motorola was a big innovator at the birth of cellular technology. They doubtlessly have a huge patent portfolio. Regardless of what you think of today’s Moto phones, you can’t ignore their past stature.

  15. Motorola has been around a long time. They’ve got a wicked-assed patent on an in car, glove-compartment, 45 rpm record player that’ll knock your sox off.

    Most of their really good patents have expired. Those left certainly could precede Apple’s patents.

    In reality, this is Nokia 2, the first round in a patent swap negotiation. The stronger Moto’s patents, the more likely Motorola’s multi-touch Droids will survive.

  16. Motorola has been around a long time. They’ve got a wicked-assed patent on an in car, glove-compartment, 45 rpm record player that’ll knock your sox off.

    Most of their really good patents have expired. Those left certainly could precede Apple’s patents.

    In reality, this is Nokia 2, the first round in a patent swap negotiation. The stronger Moto’s patents, the more likely Motorola’s multi-touch Droids will survive.

  17. I wonder if MOT waited too long. Now that they’ve sold a bunch of “me to” Android phones Apple has, what seems to me, to be a very easy counter attack.

    Also, a quick check at Yahoo says that MOT has a market cap of $19B. We know that the phone business doesn’t make much money but could Apple buy it, keep the patents and sell the rest for enough to make it work out? Plus, do HTC, Samsung, etc. pay royalties to MOT?

  18. I wonder if MOT waited too long. Now that they’ve sold a bunch of “me to” Android phones Apple has, what seems to me, to be a very easy counter attack.

    Also, a quick check at Yahoo says that MOT has a market cap of $19B. We know that the phone business doesn’t make much money but could Apple buy it, keep the patents and sell the rest for enough to make it work out? Plus, do HTC, Samsung, etc. pay royalties to MOT?

  19. @ Spark: “Motorola was a big innovator at the birth of cellular technology”

    It doesn’t matter if they submitted those technologies to a standards committee for use in the market. They forfeit their rights to sue based on another company using those technologies as a licensee of that standards body.

    This is why Apple is suing Nokia today. Nokia tired to coerce Apple into handing out its technology or it would have to pay more for certain Nokia tech used in the 3G standard. Patent holders are not allowed to discriminate once their tech is submitted for use in a trade standard.

    This would be like Apple trying to sue someone for using the QuickTime file format after they license H.264 from the MPEG Group.

  20. @ Spark: “Motorola was a big innovator at the birth of cellular technology”

    It doesn’t matter if they submitted those technologies to a standards committee for use in the market. They forfeit their rights to sue based on another company using those technologies as a licensee of that standards body.

    This is why Apple is suing Nokia today. Nokia tired to coerce Apple into handing out its technology or it would have to pay more for certain Nokia tech used in the 3G standard. Patent holders are not allowed to discriminate once their tech is submitted for use in a trade standard.

    This would be like Apple trying to sue someone for using the QuickTime file format after they license H.264 from the MPEG Group.

  21. @Big Al and Michael
    Agreed on your points; the age and history of the relevant Moto patents is unknown to me. My point was just that Moto is not some vaporous patent whore looking for directions to East Texas. Their claims may amount to nothing, but they cannot be written off out of hand.

  22. @Big Al and Michael
    Agreed on your points; the age and history of the relevant Moto patents is unknown to me. My point was just that Moto is not some vaporous patent whore looking for directions to East Texas. Their claims may amount to nothing, but they cannot be written off out of hand.

  23. EURIKA…. I have the answer… Apple takes 20 million $ and gives it to Motorola to forever shut up, who gives it to Microsoft to forever shut up, who gives it to HTC for who knows why, who gives it to Apple and also agrees to quit making and selling phones that use Apple protected touch screen interfaces.

    Just a thought.
    en

  24. EURIKA…. I have the answer… Apple takes 20 million $ and gives it to Motorola to forever shut up, who gives it to Microsoft to forever shut up, who gives it to HTC for who knows why, who gives it to Apple and also agrees to quit making and selling phones that use Apple protected touch screen interfaces.

    Just a thought.
    en

  25. If there is merit to Motorola’s claims, why didn’t they file in eastern Texas?

    And another question.

    Why do these companies always wait so long before claiming infringement?

    It doesn’t take that long to dissect an iPhone (or what ever hardware/software is involved).

  26. If there is merit to Motorola’s claims, why didn’t they file in eastern Texas?

    And another question.

    Why do these companies always wait so long before claiming infringement?

    It doesn’t take that long to dissect an iPhone (or what ever hardware/software is involved).

  27. If I remember right many of the mobile phone technology patents come along when you by the chip sets, but it’s still possible to go after a company like Apple and demand more money.

  28. If I remember right many of the mobile phone technology patents come along when you by the chip sets, but it’s still possible to go after a company like Apple and demand more money.

  29. “Motorola Mobility has requested that the ITC commence an investigation into Apple’s use of Motorola’s patents and…issue an Exclusion Order…prohibiting further sale…halting the marketing, advertising, demonstration…warehousing…use of such imported products…”

    And THE FIRST BORN of EVERY APPLE EMPLOYEE!!!

    Drama much Motorola? LOL!

  30. “Motorola Mobility has requested that the ITC commence an investigation into Apple’s use of Motorola’s patents and…issue an Exclusion Order…prohibiting further sale…halting the marketing, advertising, demonstration…warehousing…use of such imported products…”

    And THE FIRST BORN of EVERY APPLE EMPLOYEE!!!

    Drama much Motorola? LOL!

  31. It looks like what’s going on is the establishment of a pecking order. Here is the order so far:

    1) Microsoft pecks on Motorola in a bogus lawsuit claiming MS is owed licensing fees for Google Android.

    2) Motorola pecks on Apple, claiming Motorola is owed licensing fees for Apple’s iPhone technology.

    3) Apple pecks on everyone by eating their market share via the creation of the most innovative and desirable products on the planet.

    Repeat ad infinitum until no one has feathers. It’s a game worthy of the intelligent of an average chicken brain.

    Or just maybe, it’s the same old game of:
    If you can’t compete, LITIGATE!
    That is certainly the case with both Microsoft and Motorola.

  32. It looks like what’s going on is the establishment of a pecking order. Here is the order so far:

    1) Microsoft pecks on Motorola in a bogus lawsuit claiming MS is owed licensing fees for Google Android.

    2) Motorola pecks on Apple, claiming Motorola is owed licensing fees for Apple’s iPhone technology.

    3) Apple pecks on everyone by eating their market share via the creation of the most innovative and desirable products on the planet.

    Repeat ad infinitum until no one has feathers. It’s a game worthy of the intelligent of an average chicken brain.

    Or just maybe, it’s the same old game of:
    If you can’t compete, LITIGATE!
    That is certainly the case with both Microsoft and Motorola.

  33. Wow what an idiotic mess this has become. It’s like one of those fights in old cartoons- a giant fur ball of pointless arm waving. The only one who really profits is the lawyers.

    Robert McNamara called it MAD: Mutually Assured Destruction with regard to nuclear weapons. But it’s pretty much the same thing with this. Just replace weapons with lawyers. Sure you have to safeguard your property but the definition of property has become increasingly runny and insubstantial. And once you start a conflict, it has a life of its own. You unleash your lawyers, everybody does. And this is what we are seeing seemingly. Stupidity. Competition and innovation is the way forward. Not this. Companies just have to accept that we get better by revolution and evolution- revolution often involves taking somebody’s idea and making it better. You don’t own the idea, just the expression of it.

  34. Wow what an idiotic mess this has become. It’s like one of those fights in old cartoons- a giant fur ball of pointless arm waving. The only one who really profits is the lawyers.

    Robert McNamara called it MAD: Mutually Assured Destruction with regard to nuclear weapons. But it’s pretty much the same thing with this. Just replace weapons with lawyers. Sure you have to safeguard your property but the definition of property has become increasingly runny and insubstantial. And once you start a conflict, it has a life of its own. You unleash your lawyers, everybody does. And this is what we are seeing seemingly. Stupidity. Competition and innovation is the way forward. Not this. Companies just have to accept that we get better by revolution and evolution- revolution often involves taking somebody’s idea and making it better. You don’t own the idea, just the expression of it.

  35. Why not level the board. All current patents relating to cellphone technology. Boards, circuit layout, ect should all be public property. New technologies such as gyroscopes, dual cameras, ect is what should be patented. So only apple should hold cell phone patents. Isn’t every cellphone maker then infringing, not just app,e on motorolas patents. Give us all a break and take everyone to court and sort all the patents out and get it over with then restart with what you own or call a truce and all curent cellphone patents belong to current cellphone makers. Then new innovations by app,e, motorola, ect are what are patented.

  36. Why not level the board. All current patents relating to cellphone technology. Boards, circuit layout, ect should all be public property. New technologies such as gyroscopes, dual cameras, ect is what should be patented. So only apple should hold cell phone patents. Isn’t every cellphone maker then infringing, not just app,e on motorolas patents. Give us all a break and take everyone to court and sort all the patents out and get it over with then restart with what you own or call a truce and all curent cellphone patents belong to current cellphone makers. Then new innovations by app,e, motorola, ect are what are patented.

  37. Actually, it’s East Texas. There is no such place as Eastern Texas. Not sure why, but we have North Texas, South Texas East Texas and West Texas. Even Southwest Texas. But not Eastern or Western.

  38. Actually, it’s East Texas. There is no such place as Eastern Texas. Not sure why, but we have North Texas, South Texas East Texas and West Texas. Even Southwest Texas. But not Eastern or Western.

  39. Why wait 4 years? just because they cant create phones that are capable of competing with the iphone over the long run, they decide to make them cease the distribution of the products and to possibly copy the current or old iphone and call it a Motorola. It’s starting to get sad… why don’t they just leave it as it is most likely apple did copy the concept but altered it in a way to avoid it from going near the patent.

  40. Why wait 4 years? just because they cant create phones that are capable of competing with the iphone over the long run, they decide to make them cease the distribution of the products and to possibly copy the current or old iphone and call it a Motorola. It’s starting to get sad… why don’t they just leave it as it is most likely apple did copy the concept but altered it in a way to avoid it from going near the patent.

  41. @Uncle Al
    Isn’t East Texas the eastern part of Texas? Or is it just a name like “West Texas” that may or may not have anything to do with whether it’s in the eastern part, western part, southern part (like in the song, ‘Ballad of the Alamo’) or northern part of the state?

    From the classic song: BTW, best version IMHO is by Brian Burns…
    In the southern part of Texas, in the town of San Antone,
    There’s a fortress all in ruin that the weeds have overgrown.
    You may look in vain for crosses and you’ll never see a one,
    But sometime between the setting and the rising of the sun,
    You can hear a ghostly bugle as the men go marching by;
    You can hear them as they answer to that roll call in the sky:
    Colonel Travis, Davy Crockett and a hundred eighty more;
    Captain Dickenson, Jim Bowie, present and accounted for.
    Back in 1836, Houston said to Travis:
    “Get some volunteers and go fortify the Alamo.”
    Well, the men came from Texas and from old Tennessee,
    And they joined up with Travis just to fight for the right to be free.

    Indian scouts with squirrel guns, men with muzzle loaders,
    Stood together heel and toe to defend the Alamo.
    “You may never see your loved ones,” Travis told them that day.
    “Those that want to can leave now, those who’ll fight to the death, let ‘em stay.”

    In the sand he drew a line with his army sabre,
    Out of a hundred eighty five, not a soldier crossed the line.
    With his banners a-dancin’ in the dawn’s golden light,
    Santa Anna came prancin’ on a horse that was black as the night.

    He sent an officer to tell Travis to surrender.
    Travis answered with a shell and a rousin’ rebel yell.
    Santa Anna turned scarlet: “Play Degüello,” he roared.
    “I will show them no quarter, everyone will be put to the sword.”

    One hundred and eighty five holdin’ back five thousand.
    Five days, six days, eight days, ten; Travis held and held again.
    Then he sent for replacements for his wounded and lame,
    But the troops that were comin’ never came, never came, never came.

    Twice he charged, then blew recall. On the fatal third time,
    Santa Anna breached the wall and he killed them one and all.
    Now the bugles are silent and there’s rust on each sword,
    And the small band of soldiers lie asleep in the arms of The Lord.

    In the southern part of Texas, near the town of San Antone,
    Like a statue on his Pinto rides a cowboy all alone.
    And he sees the cattle grazin’ where a century before,
    Santa Anna’s guns were blazin’ and the cannons used to roar.
    And his eyes turn sort of misty, and his heart begins to glow,
    And he takes his hat off slowly to the men of Alamo.
    To the thirteen days of glory at the seige of Alamo.

    I didn’t see South Texas mentioned, must be a more recent phenomenon… <j/k>

    Now, about them lawsuits… it’s a crying shame, ain’t it!

  42. @Uncle Al
    Isn’t East Texas the eastern part of Texas? Or is it just a name like “West Texas” that may or may not have anything to do with whether it’s in the eastern part, western part, southern part (like in the song, ‘Ballad of the Alamo’) or northern part of the state?

    From the classic song: BTW, best version IMHO is by Brian Burns…
    In the southern part of Texas, in the town of San Antone,
    There’s a fortress all in ruin that the weeds have overgrown.
    You may look in vain for crosses and you’ll never see a one,
    But sometime between the setting and the rising of the sun,
    You can hear a ghostly bugle as the men go marching by;
    You can hear them as they answer to that roll call in the sky:
    Colonel Travis, Davy Crockett and a hundred eighty more;
    Captain Dickenson, Jim Bowie, present and accounted for.
    Back in 1836, Houston said to Travis:
    “Get some volunteers and go fortify the Alamo.”
    Well, the men came from Texas and from old Tennessee,
    And they joined up with Travis just to fight for the right to be free.

    Indian scouts with squirrel guns, men with muzzle loaders,
    Stood together heel and toe to defend the Alamo.
    “You may never see your loved ones,” Travis told them that day.
    “Those that want to can leave now, those who’ll fight to the death, let ‘em stay.”

    In the sand he drew a line with his army sabre,
    Out of a hundred eighty five, not a soldier crossed the line.
    With his banners a-dancin’ in the dawn’s golden light,
    Santa Anna came prancin’ on a horse that was black as the night.

    He sent an officer to tell Travis to surrender.
    Travis answered with a shell and a rousin’ rebel yell.
    Santa Anna turned scarlet: “Play Degüello,” he roared.
    “I will show them no quarter, everyone will be put to the sword.”

    One hundred and eighty five holdin’ back five thousand.
    Five days, six days, eight days, ten; Travis held and held again.
    Then he sent for replacements for his wounded and lame,
    But the troops that were comin’ never came, never came, never came.

    Twice he charged, then blew recall. On the fatal third time,
    Santa Anna breached the wall and he killed them one and all.
    Now the bugles are silent and there’s rust on each sword,
    And the small band of soldiers lie asleep in the arms of The Lord.

    In the southern part of Texas, near the town of San Antone,
    Like a statue on his Pinto rides a cowboy all alone.
    And he sees the cattle grazin’ where a century before,
    Santa Anna’s guns were blazin’ and the cannons used to roar.
    And his eyes turn sort of misty, and his heart begins to glow,
    And he takes his hat off slowly to the men of Alamo.
    To the thirteen days of glory at the seige of Alamo.

    I didn’t see South Texas mentioned, must be a more recent phenomenon… <j/k>

    Now, about them lawsuits… it’s a crying shame, ain’t it!

  43. Amazin1 said, “Moto should tread carefully — Steve might just buy them up with pocket change and put the whole sorrowful bunch out on the street.”

    IMHO the Moto shareholders would love that!

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