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. 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.

  2. 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.

  3. 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.

  4. 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?

  5. 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?

  6. @ 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.

  7. @ 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.

  8. @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.

  9. @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.

  10. 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

  11. 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

  12. 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).

  13. 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).

  14. 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.

  15. 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.

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