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Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj Updated
Monday, August 20 2012 @ 06:51 PM EDT

Here it is, the new complaint [PDF] Motorola Mobility has lodged with the ITC. There are a zillion attachments, which I'll provide in full as we obtain them. Meanwhile, you can get started. The complaint begins on page 12 of the PDF.

The accused products include Apple's iPod Touch, iPhone 3GS, iPhone 4, iPhone 4S, iPad2, "the new Apple iPad (aka the iPad3), the Mac Pro, iMac, Mac mini, MacBook Pro, and MacBook Air. They ask for the following relief:

  • an immediate investigation pursuant to Section 337 of the Tariff Act of 1930;
  • setting of a target date of no more than 15 months;
  • a hearing to determine if there has been a violation of Section 337;
  • a permanent exclusion order directed to products manufactured by Apple, its subsidiaries, related companies and agents, "excluding entry into the United States of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe;
  • that a permanent cease and desist order issue prohibiting Apple and all the rest listed above from "engaging in the importation, sale for importation, marketing and/or advertising, distribution, offering for sale, sale, sale after importation, or other transfer within the United States of wireless communications devices, portable music..." etc.
In short, it's WWIII in the patent universe. Remember how we used to say that no one would ever be so foolish as to start a patent war, because it'd be destructive to everyone in it? Guess what? Apple decided on going thermonuclear, and here we are. Talk about your infinite loop. How wasteful is this?

One thing I discern: do not mess with Google. They have apparently an endless supply of ninja patent lawyers. This filing is by Quinn Emanuel, the same law firm that we've been watching represent Samsung against Apple in California. The mighty John Quinn's law firm, in other words. The complaint is signed by Charles K. Verhoeven.

The patents are:

  • No. 5,883,580, titled "Geographic-Temporal Significant Messaging," which issued on March 16, 1999;
  • No. 5,922,047, titled "Apparatus, Method and System for Multimedia Control and Communication," which is sued on July 13, 1999;
  • No. 6,425,002, titled "Apparatus and Method for Handling Dispatching Messages for Various Applications of a Communication Device," which issued on July 23, 2002;
  • No. 6,493,673, titled "Markup Language for Interactive Services And Methods Thereof", which issued on December 10, 2001;
  • No. 6,983,370, titled "System For Providing Continuity Between Messaging Clients And Method Therefor," which issued on January 3, 2006;
  • No. 7,007,064, titled "Method And Apparatus For Obtaining And Managing Wirelessly Communicated Content," which issued on February 28, 2006;
  • No. 7,383,983, titled "System And Method For Managing Content Between Devices In Various Domains," which issued on June 10, 2008.
There are foreign counterparts listed for the patents, and a non-technical description of each one. I'll add the exhibits and appendices as I have them.

Wow. 187 attachments. That's all I can say. Just wow.

Let's start with the trimmings, which are listed by numbers, which isn't too helpful, but after we get them all listed, we can go through and figure it all out bit by bit:

It may take a few moments for some of them to resolve. This is hot off the griddle. Lots more to come. The complaint, on page 21, lists 5 "confidential" exhibits, which of course we won't be able to obtain.

Update: We're having upload problems with the exhibits, and we haven't yet figured out why, so please be patient. Some of them do resolve now, but quite a few do not. But we will persist until they all work.

And just so you know, if you register, you can gain free access to the documents at the ITC's website. Just go here and sign up for the EDIS program, if you don't want to wait for us to get pulled together, and you can access the documents, using the number of the case to find them.


  


Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj Updated | 82 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj
Authored by: Anonymous on Monday, August 20 2012 @ 06:57 PM EDT
WOW is right!

[ Reply to This | # ]

Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj
Authored by: BigTex on Monday, August 20 2012 @ 06:59 PM EDT
Never bring a knife to a gun fight! - The Untouchables

Google is not messing around this time!

[ Reply to This | # ]

MAD
Authored by: Anonymous on Monday, August 20 2012 @ 07:14 PM EDT
"no one would ever be so foolish as to start a patent war, because it'd be
destructive to being everyone in it"

That assumes you have lots of money rather than being "collateral
damage" :-(

[ Reply to This | # ]

Corrections Thread Here...
Authored by: lnuss on Monday, August 20 2012 @ 07:21 PM EDT
n/t

---
Larry N.

[ Reply to This | # ]

Off Topic Here...
Authored by: lnuss on Monday, August 20 2012 @ 07:22 PM EDT
n/t

---
Larry N.

[ Reply to This | # ]

News Picks Thread
Authored by: lnuss on Monday, August 20 2012 @ 07:23 PM EDT
n/t

---
Larry N.

[ Reply to This | # ]

COMES Here
Authored by: lnuss on Monday, August 20 2012 @ 07:24 PM EDT
n/t

---
Larry N.

[ Reply to This | # ]

The Mighty Quinn...
Authored by: Jamis on Monday, August 20 2012 @ 08:43 PM EDT
All I can think of is Dylan's song.

[ Reply to This | # ]

Little or no negative effect
Authored by: Anonymous on Monday, August 20 2012 @ 08:45 PM EDT
>> Complainants seek a permanent exclusion order .... excluding entry
into the United States certain wireless communications devices ...
>> Complainants also seek a permanent cease and desist order prohibiting
... importation, sale for importation, marketing and/or advertising, ...
>> If the Commission grants these remedial orders as a result of this
Investigation there will be little or no negative effect on the public
interest.

Indeed, if Apple are forced to stop importing, and crank up one of their
stateside factories, there could even be a positive effect on the public
interest. Altho' I don't think that's what Google means.

[ Reply to This | # ]

Well, well, well
Authored by: digger53 on Monday, August 20 2012 @ 08:57 PM EDT
Dear Apple, Still sure it was a good decision to "cry havoc. and let slip the dogs of war!"?

Do you love it,
do you hate it?
There it is ...
the way you made it!

If any significant part of this succeeds, Apple is going to have a huge bite taken out of its profits. Might not be such a wall Street heart-throb then. Of course Steve Jobs said he was willing to use every cent Apple had to destroy Android/Google. Won't trouble me if they lose every cent they have.

Cue the Apple shills 3, 2, 1,

[ Reply to This | # ]

Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj
Authored by: Anonymous on Monday, August 20 2012 @ 08:58 PM EDT
This comment is by Fred Grott,

It appears that part of the strategy of Buying Moto on
Google's part was getting the chance to directly respond to
Apple in court. However, that is only one part of the three
part unholy alliance..

Could than Google obtain another OEM with valuable patents
to allow it to directly respond to Microsoft in court? The
no so obvious candidate is RIM..

[ Reply to This | # ]

Good time for a new approach - Blank Slate Hardware
Authored by: Anonymous on Monday, August 20 2012 @ 09:10 PM EDT
Now might be a great time for hardware manufacturers to
consider a new approach to circumvent the majority to the
patent cases.

Provide hardware with a only a boot loader : Blank Slate
Hardware.

Until the customer loads third party software onto the
device, it just does not infringe on the majority of the
patents out there. The third party software can use the
abstract software defence - the software as shipped to the
customer in bits is by its nature abstract.

The hardware would have open & well documented interfaces
for free licensed driver to be developed.

There is already a large Chinese market in low end
Linux/android devices that could be documented and ship into
the USA and other countries as Blank Slate Hardware.



David Mohring (NZheretic) - Posting from his tablet.

[ Reply to This | # ]

Google raised - will Apple fold?
Authored by: Anonymous on Monday, August 20 2012 @ 09:20 PM EDT
Surely they must. This is insane!

[ Reply to This | # ]

Hmmh
Authored by: digger53 on Tuesday, August 21 2012 @ 05:04 AM EDT
The attachments show up as 404 errors here. Is it just me?

[ Reply to This | # ]

  • Hmmh - Authored by: Anonymous on Tuesday, August 21 2012 @ 09:32 AM EDT
  • Hmmh - Authored by: Anonymous on Tuesday, August 28 2012 @ 04:33 PM EDT
Motorola's ITC Complaint Against Apple, With All the Trimmings ~pj
Authored by: Anonymous on Tuesday, August 21 2012 @ 09:51 AM EDT
With all these patent suits going on, where is M$? I'd think
they'd be trying to hitch their wagon on to something. M$
seems to be laying low, perhaps, or is nobody paying them
any attention in all this excitment?

[ Reply to This | # ]

Please explain the relief that Motorola is asking for...
Authored by: Anonymous on Tuesday, August 21 2012 @ 11:33 AM EDT
* Section 337 of the Tariff Act of 1930
* violation of Section 337;

The others look pretty self explainatory :)

[ Reply to This | # ]

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