Google/Motorola fires back with lawsuit against Apple over patent infringement

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awptical

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#1 awptical
Member since 2003 • 844 Posts

I knew this day would come. I cant say that I hoped for it, but in all honesty, it was inevitable. Apple has been very busy lately in doing all it can to ban as many Android devices as it can, and HTC, Samsung, and Motorola have all recently got a small taste of the Apple juice lately. But something has changed: Google now owns Motorola, and arent wasting any time in defending their new acquisition, as they are now seeking a sales ban on the iPhone, iPad, and Mac computers in the US. This time, its personal, and contains a twist that could make this particular lawsuit a very dangerous one for Apple.

This is the first case that Google has signed off on in defending their new hardware company, meaning that theres no more lurking in the background providing support. This is full on Google with their law team directly involved. This isn't Google watching from the sidelines, but instead, they are calling this one play by play. But Google and Motorola were clever, as this isn't a lawsuit that focuses on silly topics such as icons or square shaped tablets.

Google and Motorola are claiming patent infringement for non-standard essential patents. To put it simply, Google-rola has filed a case for a patent that courts cannot legally force companies to license, meaning that if they win this case, Apple could be forced to completely stop using the technology in their devices.

We dont have confirmation on exactly which Wifi related patent is in question here, but we do know that Motorola attempted to reach licensing agreements with Apple (since 2010), which Apple apparently refused. Motorola stated that:

We would like to settle these patent matters, but Apples unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers innovations.

This is a big one for Google and for Apple. This isnt just an OEM that Apple is dealing with now. This is one of the most powerful (if not THE most powerful) movers and shakers in the world. If this comes to trial, Apple will have its hands full, and might even be forced to rely on Microsoft for backup.

The patent wars involving Android and Apple have now reached new heights, and with Google in the center, I have a feeling that things could get very very ugly for the companies that have sought to ban Android products.AndroidPit

Looks like Google has had enough of Apples antics as of late and decided to fire back to protect its own patents. Apparently, Apple vilolated a patent owned by Motorola having to do with WiFi and refused to pay a licensing fee to Motorola. Google is suing to have Apples products taken off the market completely rather than just pay damages. Sh*t just got interesting. Let's see how Apple likes the taste of its own juice.

http://www.androidpit.com/google-vs-apple-android

http://www.forbes.com/sites/timworstall/2012/08/21/and-now-google-sues-apple/

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mystic_knight

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#2 mystic_knight
Member since 2003 • 13801 Posts
I can't say i didn't expect this, but i expected it a little earlier into Samsungs trial. Google wouldn't have jumped in if Apple wasn't as ridiculous as they have been with patent law suits. They did this to themselves. Apple started this ugly war. The problem is it shouldn't have gone this far. Now its too late.
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musicalmac

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#3 musicalmac  Moderator
Member since 2006 • 25101 Posts
I saw this earlier, we'll see how it plays out. Lets remember Apple is suing based on patents they filed, and Google is suing based on patents they acquired by purchasing other companies.

Also, as expected, the iOS board is now officially Mobile System Wars. ~sigh~
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musicalmac

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#4 musicalmac  Moderator
Member since 2006 • 25101 Posts
[QUOTE="mystic_knight"]I can't say i didn't expect this, but i expected it a little earlier into Samsungs trial. Google wouldn't have jumped in if Apple wasn't as ridiculous as they have been with patent law suits. They did this to themselves. Apple started this ugly war. The problem is it shouldn't have gone this far. Now its too late.

I do respect you, but I do not understand your position.

Apple was granted patents, Samsung willfully infringed upon those patents, Apple approached them to settle, Samsung refused so Apple had no choice but to take it to court, Samsung was then punished for their willful infringement. There was a patent holder on the jury, and patent lawyers have commented regarding the case, all citing the correct steps Apple took to protect their IP.

I'm truly trying to understand your point of view.

If Apple and Google go head to head in court, it's no question that we will learn more about the sticky situation between the two regarding whatever patents Google is suing Apple for. I want to see numbers and specific data behind each one so I can better understand it. I can't make any judgement call before I really know the specifics.
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mystic_knight

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#5 mystic_knight
Member since 2003 • 13801 Posts
My point is all mobile technology should just screw these little disputable patents and appeal to the public with better technology than the opposition. You think i want google to sue apple, on the contrary. But since Apple was so insistent on banning so many products including devices such as the HTC one x, Google have now jumped in and are now suing Apple. But if Apple played fair this issue wouldn't have been raised as far as it has. I love mobile technology, the improvements we have seen don't get there by one company dominating... The competition between multi top tier devices push each company further to create the new 'next best thing'. I am pro technology. I love it its what i read about on a daily basis. i like to see new super phones and new ultrabooks even new TV's its just what i love. To debate over minuscule things such as bounce back and slide to unlock or double tap zoom seems illogical.
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musicalmac

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#6 musicalmac  Moderator
Member since 2006 • 25101 Posts
[QUOTE="mystic_knight"]My point is all mobile technology should just screw these little disputable patents and appeal to the public with better technology than the opposition. You think i want google to sue apple, on the contrary. But since Apple was so insistent on banning so many products including devices such as the HTC one x, Google have now jumped in and are now suing Apple. But if Apple played fair this issue wouldn't have been raised as far as it has. I love mobile technology, the improvements we have seen don't get there by one company dominating... The competition between multi top tier devices push each company further to create the new 'next best thing'. I am pro technology. I love it its what i read about on a daily basis. i like to see new super phones and new ultrabooks even new TV's its just what i love. To debate over minuscule things such as bounce back and slide to unlock or double tap zoom seems illogical.

I think maybe I don't understand why you perceive that as Apple playing dirty. Those are items that made Apple's devices unique, so they did what they could to protect them since Samsung wasn't willing to settle. Apple was recently granted a whole other slew of iOS UI patents that are probably along the same lines of what Samsung got nailed for.

mystic, friend to friend, I really don't like the bickering and nastiness this stuff has drudged up. I don't think you want Google to bury Apple with litigation.

The core issue is Apple tried to work it out with Samsung, and Samsung wasn't interested, and now they got dinged for quite a bit more than before. Moto approached Apple about patents and Apple shoved them off, and now they're going to court as a result. That's why I said we'll learn a lot more as time goes on, so it's hard to comment until we get that information.
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mystic_knight

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#7 mystic_knight
Member since 2003 • 13801 Posts

mystic, friend to friend, I really don't like the bickering and nastiness this stuff has drudged up. I don't think you want Google to bury Apple with litigation.
musicalmac
You are right I don't want to see Google bury apple, and if they did, i would think negatively of google, but what they should do if they win this case is tell Apple to back down with all the law suits, not stop their products from being sold. And i completely agree with you, I despise the bickering thats going on. Like i said with Apples case, i only get pissed off with Apple because they were trying to knock out the competition.... That does annoy me. If Google did that, my attitude would have been the same towards Google. Lets see what unfolds out of this new trial.
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DroidPhysX

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#8 DroidPhysX
Member since 2010 • 17098 Posts

http://www.engadget.com/2012/08/24/itc-decides-apple-didnt-violate-motorola-wifi-patent-after-all/

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mystic_knight

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#9 mystic_knight
Member since 2003 • 13801 Posts

http://www.engadget.com/2012/08/24/itc-decides-apple-didnt-violate-motorola-wifi-patent-after-all/

DroidPhysX
This is not about the wifi, i believe its about a feature used in siri. Not sure about the details, but we will have to wait till it unfolds.
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musicalmac

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#10 musicalmac  Moderator
Member since 2006 • 25101 Posts
LA Times writer, Jessica Guynn, just posted an interesting article about what can't yet be determined, but how it looks on the surface:

"The bad news for Android licensees is that the three patents represent but a handful of the patents in Apple's arsenal. We anticipate Apple will assert many of these reportedly even more powerful patents in future cases against Android licensees," Wolf said. "Google will be forced to design work-arounds of the violated software patents, which was the intent of Apple's lawsuit."

{REGARDING THE PATENTS GOOGLE OWNS AFTER BUYING MOTOROLA MOBILE}...But Macquarie Securities Group analyst Ben Schachter said it's unclear how effective the patents would be in coming battles.

"The verdict does remind us that the value of Google's Motorola Mobility remains very much an open question. Thus far, and it is clearly still early, we have yet to see any meaningful evidence that Google's acquisition of Motorola's [intellectual property] can protect various players in the Android ecosystem," Schachter said.

Recon Analytics analyst Roger Entner agreed, saying Motorola was "a notoriously weak software developer. He noted that "a lot of the patents that Apple has cited are exactly in that weak spot."Jessica Guynn


There is more in the article. To sum it up, the surface assumption is that even with Motorola's patent portfolio, Google isn't a peer to Apple in that regard. But nothing wise was ever assumed, so we'll have to see exactly which patents Google is attempting to enforce.
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deleteduser198

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#11 deleteduser198
Member since 2011 • 25 Posts
http://www.cultofmac.com/187477/google-loses-their-leverage-as-motorola-and-apple-reach-licensing-deal-in-germany/ Looks like it's about done. WiFi patents? And people called Apples UI patents "broad" and "over-reaching"
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musicalmac

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#12 musicalmac  Moderator
Member since 2006 • 25101 Posts
[QUOTE="Kid-Atari"]http://www.cultofmac.com/187477/google-loses-their-leverage-as-motorola-and-apple-reach-licensing-deal-in-germany/ Looks like it's about done. WiFi patents? And people called Apples UI patents "broad" and "over-reaching"

It's important to note that the story you're linking originally comes from FOSS Patents, a website dedicated to modern patent information.

In the aftermath of Apple's resounding U.S. court victory over Samsung, analysts again ask the question whether its acquisition of Motorola Mobility has enabled Google to protect Android against patent assertions -- and the consensus answer to this question is "no". I expressed serious doubts (to say the least) about that deal from the day of its announcement. Many people were impressed by the sheer size of Motorola Mobility's portfolio, but leverage, as opposed to size, is the right measure.

The scope of this license agreement {between Motorola and Apple} may be limited to "cellular standards-essential patents" (based on Motorola's answer to Apple's complaint) and not include WiFi and/or H.264 video codec patents. But at any rate, Apple now knows what kind of offer it has to make to get a license to any other standard-essential Motorola patents without having to grant a license to Google (Motorola) to a single non-standard-essential Apple patent. Apple will be happy to pay FRAND royalties as long as it can pursue differentiation. Why did Google just pay $12.5 billion?FOSS Patents


Long story short, Google seems to have lost all their leverage in a case that hasn't begun to unfold, unless there is something else they're planning on submitting as a means to hamper Apple.

We shall see.
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Gambler_3

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#13 Gambler_3
Member since 2009 • 7736 Posts

How did google lose leverage if motorola licensed something to apple? Google is the parent whatever motorola does is by google's consent. Now google earns royalties from iOS.

I dont think you can enforce a ban if the company agrees to pay license unless you infringe on something too serious like trying to copy a company logo or something.

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deleteduser198

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#14 deleteduser198
Member since 2011 • 25 Posts

How did google lose leverage if motorola licensed something to apple? Google is the parent whatever motorola does is by google's consent. Now google earns royalties from iOS.

I dont think you can enforce a ban if the company agrees to pay license unless you infringe on something too serious like trying to copy a company logo or something.

Gambler_3
They lost leverage because instead of recieving a large sum of money through damages and a possible ban of particular iOS devices, Motorola settled for a licensing agreement which amounts to just over 1%. That 1% is completely hilarious. Google spent 12.5 BILLION to purchase Motorola in hopes of being able to protect Android from litigation. Ironically, the only thing they can protect Android from are redundant standard-essentials, of which Motorola had no problem licensing them to Apple for such a low amount. Meanwhile, Apple won 1.2 billion in its case against Samsung, and Android still gets to remove the features infringing on Apples patents. This is Googles lost leverage. It has no meams of defending numerous Android instances and has no means of even pursuing Apple in court if they easily came into a licensing agreement with Motorola patents Sounds like a complete waste of 12.5 billion dollars.
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mystic_knight

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#15 mystic_knight
Member since 2003 • 13801 Posts
[QUOTE="Gambler_3"]

How did google lose leverage if motorola licensed something to apple? Google is the parent whatever motorola does is by google's consent. Now google earns royalties from iOS.

I dont think you can enforce a ban if the company agrees to pay license unless you infringe on something too serious like trying to copy a company logo or something.

Kid-Atari
They lost leverage because instead of recieving a large sum of money through damages and a possible ban of particular iOS devices, Motorola settled for a licensing agreement which amounts to just over 1%. That 1% is completely hilarious

Why are you laughing again? Thats great that they reached a conclusion, no matter how much it was. Apple finalised the deal with out making a big deal about it, kudos to them. http://www.engadget.com/2012/08/28/apple-strikes-licensing-deal-with-motorola-in-germany/ Apparently a few other issues have yet to be finalised, hopefully it will be an easy and seamless transition like this.
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mahlasor

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#16 mahlasor
Member since 2010 • 1278 Posts

Simple really, he is one of those apple sheep.

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mystic_knight

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#17 mystic_knight
Member since 2003 • 13801 Posts

Simple really, he is one of those apple sheep.

mahlasor
Please try to refrain from system wars talk here please. As much as Kid Atari is favourable to iOS and as much as we discuss the differences between each i don't want all the system wars talk here. Kid Atari is still a great user on these boards. Even if he does appreciate Apple more than your average user :P
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musicalmac

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#18 musicalmac  Moderator
Member since 2006 • 25101 Posts
[QUOTE="mahlasor"]

Simple really, he is one of those apple sheep.

mystic_knight
Please try to refrain from system wars talk here please. As much as Kid Atari is favourable to iOS and as much as we discuss the differences between each i don't want all the system wars talk here. Kid Atari is still a great user on these boards. Even if he does appreciate Apple more than your average user :P

lol, diplomatic.
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mystic_knight

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#19 mystic_knight
Member since 2003 • 13801 Posts
[QUOTE="mystic_knight"][QUOTE="mahlasor"]

Simple really, he is one of those apple sheep.

musicalmac
Please try to refrain from system wars talk here please. As much as Kid Atari is favourable to iOS and as much as we discuss the differences between each i don't want all the system wars talk here. Kid Atari is still a great user on these boards. Even if he does appreciate Apple more than your average user :P

lol, diplomatic.

I still respect all users my friend.
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musicalmac

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#20 musicalmac  Moderator
Member since 2006 • 25101 Posts
[QUOTE="mystic_knight"] I still respect all users my friend.

I was trying to compliment you. ;)
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mystic_knight

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#21 mystic_knight
Member since 2003 • 13801 Posts
[QUOTE="musicalmac"][QUOTE="mystic_knight"] I still respect all users my friend.

I was trying to compliment you. ;)

I know. :P I wasn't trying to argue back lol, more of a reason to why i sounded diplomatic. Thanks for the compliment buddy.
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mahlasor

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#22 mahlasor
Member since 2010 • 1278 Posts

Sorry, just annoyed by these patent claims, it just seems like because one company is doing this, they are all doing it and being technical because another one is doing that. Someone created the seed that is these patent wars raging across the globe.

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deleteduser198

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#23 deleteduser198
Member since 2011 • 25 Posts
[QUOTE="mahlasor"]

Simple really, he is one of those apple sheep.

mystic_knight
Please try to refrain from system wars talk here please. As much as Kid Atari is favourable to iOS and as much as we discuss the differences between each i don't want all the system wars talk here. Kid Atari is still a great user on these boards. Even if he does appreciate Apple more than your average user :P

Well no kidding, Captain Obvious. What do you think this Apple iOS forum was intended for? For folks like me that appreciate Apple and iOS more than the respective competition. You know what I find peculiar? That there are a number of obvious Fandroids that frequently post or respond with their disdain for Apple right here. Note how you don't see anyone from the Apple forum invading the Android forum talking about "how inferior their products are and how we disagree with Google as a company." You're guilty of this too, sometimes. :b Don't want system wars in this forum? Keep Android owners in their forums, and iOS owners in this one. The solution isn't as far fetched, unless you secretly love seeing these system-arguments pop up exclusively here on the Apple forum. It's surprising that a particular few Android fans are allowed to keep participating in these discussions under the context of this Apple forum as if they have anything meaningful to discuss with iOS users when it's already been made clear over and over that they: 1. Own an Android device 2. Dislike Apple 3. Dislike iOS Hmmmmmm............... Where and when does the blurred line of "forum invasion" sharpen more into clarity?
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mystic_knight

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#24 mystic_knight
Member since 2003 • 13801 Posts
:P I only participate in apples patent law arguements, not the devices itself that i am actually against. I keep saying i want apple to be in the competition i have no disdain towards apple products. I hope Apple thrive but not at the compensation of other devices that has been my simple theory from the beginning, win by being the best at what you do not by closing down other companies. Trust me for me Apple still > Samsung, id buy an Apple product before i buy a Samsung one. (I still own an iPad 2) I'm not a Fandroid per se although that is still system wars talk which i dislike too. Im more a hardware junkie always out for the best there is... Samsung does not count :P. As the Android board knows im actually eyeing out the new LG Optimus G, but prior i have been a HTC fan.. again NOT ANDROID, although i prefer Android HTC's over WinMo HTC's. The problem is and i would happily keep them their if they actually invade the board, but when a topic such as goole vs Apple come into play or apple vs Samsung. You are going to get opinions due to the nature of the topic. No one is saying you can't come into the android board, and you know i've defended your presence there too. As long as its not an invasion type of approach its all fine. Musical mac is free to jump in if i may have missed or misinterpreted the situation. And be honest as if you don't get thrills defending Apple. :P
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musicalmac

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#25 musicalmac  Moderator
Member since 2006 • 25101 Posts
Quite honestly, this thread is the perfect example of a forum invasion. Unfortunately for the TC, things already look bleak for Google in this battle, so the tables turned pretty quickly. :P

I'll jump on what mystic said, it is invigorating having intense discussions about the 200 billion + mobile market, it is the original computer revolution played out on mobile devices, and we are all alive to experience it from day one. That's pretty great.

Enjoy it, my friends.
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NVIDIATI

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#26 NVIDIATI
Member since 2010 • 8463 Posts

If we're already having issues over forum invasion there is an easy solution.

Any and all discussion that references to Google Android (or the relating) should be posted in System Wars. Otherwise there will still be fanboys battling it out on this board.

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mystic_knight

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#27 mystic_knight
Member since 2003 • 13801 Posts

i shall quote part of the FAQ

Can I create a topic about news articles? (ie. Motorola and Apple in court? ) Yes, for the purpose of informing and discussing current events and relevant iOS information. Those creating such topics for the purpose of ownage or to start a fight will be moderated accordingly.FAQ

If its to start a fight, it will be modrated, if its to discuss its ok.

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Tyrall

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#28 Tyrall
Member since 2012 • 25 Posts
Patent wars begin. I think Aplle will spend much money :)