First of two Google appeals of ITC dismissal of Motorola’s patent complaint against Apple fails

“On Friday (January 10, 2014), the United States Court of Appeals for the Federal Circuit rejected Google’s (Motorola Mobility’s) September 2012 appeal of an August 2012 ITC decision to toss all patents, except for one, asserted by Motorola against Apple back in 2010,” Florian Müller reports for FOSS Patents. “At the time, three patents were thrown out. In this particular appeal, Google’s Motorola focused on only one of them: U.S. Patent No. 6,272,333 on a ‘method and apparatus in a wireless communication system for controlling a delivery of data.’ The Federal Circuit affirmed the ITC decision (which found that Apple didn’t infringe and, based on the same claim construction, Motorola’s devices didn’t practice the patent) because it was supported by substantial evidence.”

“Motorola’s offensive patent cases against Apple and Microsoft are a joke, or a waste, or whatever you wish to call it,” Müller reports. “The $12.5 billion company has zero enforceable injunctions or import bans in place against Apple and Microsoft, after years of litigation. And it’s already lost some appeals. For another example, earlier this month, the Federal Circuit issued a mandate in Microsoft’s favor, strengthening Microsoft’s case for Android patent royalties.”

“Google (Motorola) is still pursuing a second appeal from the same ITC investigation,” Müller reports. “Google appealed that decision in May 2013. The appellate hearing will be held later this year. The hurdle is reasonably high there as well.”

Read more in the full article here.


  1. Wow, I sure love reading Florian Müller’s stuff. He researches well and makes a dry topic interesting.

    Now he’s taking it to a new level: “Motorola’s offensive patent cases against Apple and Microsoft are a joke, or a waste, or whatever you wish to call it”

    Nicely done.

  2. The US government is corrupt, so I would not have any stake in this. After knowing ther dirty secrets, it’s best to basically ignore them. They aren’t worth listening to anyways.

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