Sam Oliver
Apple still hopes it can win an order to bar sales of some of Motorola's phones. The company will make its case in front of Federal Judge Richard Posner today, according to Reuters.
Posner originally canceled Apple's patent infringement trial against Motorola earlier this month after he concluded that Apple had not been able to prove any injury. But the judge gave Apple a second chance last week, awarding the company the injunction hearing set to take place today.
Pretrial rulings by Posner eliminated nearly all of Motorola's claims of patent infringement against Apple. But more of Apple's own allegations against Motorola remained in the suit.
Posner's decision is viewed as important for Apple, because it could set the stage for the company to negotiate favorable licensing agreements with Motorola and other Android-based smartphone makers.
Both Motorola and Apple were required by Posner to submit their legal arguments in advance, under seal, on Monday, ahead of Wednesday's hearing before the judge.
The patent infringement claims between Apple and Motorola began in court before the company was acquired by Android maker Google last year for $12.5 billion. That deal became finalized last month, officially putting Google in the smartphone hardware business.
However, Google plans to operate its acquisition as a separate business that will remain a licensee of Android. That's in an attempt to placate Google's Android partners, like Samsung and HTC, by not giving Motorola an unfair advantage.
The courtroom showdown in Motorola will be a precursor to Apple's legal battle with Samsung, set to start on July 30 in San Jose, Calif. The two companies were ordered by a judge to engage in settlement talks before the trial officially begins, but they could not reach an agreement in those talks held in San Francisco in late May.
William Gallagher
Christine McKee
AppleInsider Staff
Chip Loder
Malcolm Owen
14 Comments
Pretrial rulings by Posner eliminated nearly all of Motorola's claims of patent infringement against Apple. But more of Apple's own allegations against Motorola remained in the suit.
Then Apple's job is clear: keep pushing. The opportunity is there.
Which Motorola product(s) are to be included in the injunction?
I saw yesterday that Apple is still pursuing legal actions against the Samsung Galaxy Tab 10.1, which is no longer being sold in the US. Are the current actions being taken against current Moto products, or products that were introduced and discontinued already?
Edit: Here they are: Apple's suit names a number of popular Motorola handsets as infringing. Those named in the complaint are the Droid, Droid 2, Droid X, Cliq, Cliq XT, BackFlip, Devour A555, Devour i1 and Charm 1.
http://www.appleinsider.com/articles/10/10/30/apple_countersues_motorola_over_multi_touch_iphone_patents.html
What will Apple gain if they ban sales of these phones?
[... ]
I saw yesterday that Apple is still pursuing legal actions against the Samsung Galaxy Tab 10.1, which is no longer being sold in the US. Are the current actions being taken against current Moto products, or products that were introduced and discontinued already?
Edit: Here they are: Apple's suit names a number of popular Motorola handsets as infringing. Those named in the complaint are the Droid, Droid 2, Droid X, Cliq, Cliq XT, BackFlip, Devour A555, Devour i1 and Charm 1.
http://www.appleinsider.com/articles/10/10/30/apple_countersues_motorola_over_multi_touch_iphone_patents.html
What will Apple gain if they ban sales of these phones?
I am not certain but I think if Motorola Mobility has been found to infringe significiantly enough, Apple will get to claim damages retroactively... they'll basically work out an agreement of XX dollars per device sold or something like that. This jugement would also then permit them to move forward onto the newer devices, and Motorola will have to go before the court again and argue for the new devices.
Or in the latter case, Apple would likely negotiate a license fee going forward instead of a court case.
Slightly off topic but:
It's surprising to me that Apple innovated so much, and yet Microsoft has been the one who has succeeded on licensing deals the best so far.
I am not certain but I think if Motorola Mobility has been found to infringe significiantly enough, Apple will get to claim damages retroactively... they'll basically work out an agreement of XX dollars per device sold or something like that.
Two things:
Posner has already said that neither side has demonstrated damages properly.
The current hearing will be deciding on the issuance of an injunction, and so no damages will be calculated. Seemingly, Moto will, at worst, be enjoined from selling obsolete hardware.
With next to nothing gained, I'd be curious to know how much money Apple has expended on offensive litigation and counter-suits. It's probably time to replace Mr Sewell and re-think the legal strategies.