INFORMATION DECK ABOUT YOUR KNOWLEDGE: Google's Motorola issues second appeal of dismissed ITC case against Apple

Saturday, June 1, 2013

Google's Motorola issues second appeal of dismissed ITC case against Apple

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Friday, May 24, 2013, 07:08 pm

Google's Motorola issues second appeal of dismissed ITC case against AppleBy Mikey Campbell

Motorola has given notice to the U.S. Court of Appeals for the Federal Circuit that it will be contesting the International Trade Commission's dismissal of a case against Apple, the second time the now Google-owned company has filed an appeal tied to that investigation.

The appeals notice, uncovered by FOSS Patents' Florian Mueller after recently being made public, is in regard to an ITC decision to throw out a case against Apple after finding six Motorola patents-in-suit invalid.

In its dismissal, which was filed a month ago, the trade body found Motorola's last standing patent, a property for an infrared proximity sensor, invalid. The company was asserting U.S. Patent No. 6,246,862 for a "sensor controlled user interface for portable communication device," which covers a system that ignores errant screen touches during a phone call.

As noted by Mueller, Google's latest appeal is the second such action for the ITC investigation. The first came in November 2012, which questioned a decision that cleared Apple of infringing on three patents. The contention from Google resulted in a review of the findings, and that appeal has yet to be resolved.

Mueller pointed out that Apple may want to combine the two appeals, thus saving court resources, but the tactic is likely to fail due to the long span between Google's filings.

Motorola's Second Appeal of ITC Dismissal by Mikey Campbell

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On Topic: patentsGoogle's Motorola issues second appeal of dismissed ITC case against AppleApple granted patents on push-to-talk, double-sided touch panelApple invention adjusts audio based on a display's orientation, user positioningApple investigating advanced AirPlay system with device-specific UIsSamsung Galaxy S4 & Google Now accused of violating Apple patents for SiriToday's' HeadlinesNo news headlines yet todayRelated ArticlesITC throws out Motorola patent suit against AppleITC to review decision that cleared Apple of infringing on Motorola patentsApple cleared of infringing Motorola patents, avoids U.S. import banApple cleared of infringing on Motorola patent in ITC caseGoogle cites quote from Steve Jobs biography in attempt to win iPhone import banPrevious Comments View Alljohn.b2013/05/24 07:39pm

Clearly, holding a phone against the side of your face was a new and unique idea that had never been thought of prior to this patent...

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Though I'm not really sure why Apple would want to combine Motogoogle's appeals.

frood2013/05/24 08:23pm

Hooray!?? Seeing?more or less trivial patents invalidated never gets old.? The new digital age is less about inventions and more about obstruction.?? Only 939488583738292 more patents related to 'touching' 'shaping' 'looking at' and 'methods for performing "an operation" on a list' to go and maybe our court system can start working on legitimate stuff

ericthehalfbee2013/05/24 08:29pm

Waiting for GG to claim Google never initiates anything.

starbird732013/05/24 08:46pm

Court to Google/Motorola: You lose.

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Google/Motorola: But, no, we don't.

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Court to Google/Motorola: Yes, you do.

?

Google/Motorola: But, but, no, we don't.

?

Court to Google/Motorola: Yes, yes you do.

jungmark2013/05/25 12:51am

Do no evil, google.

applesauce0072013/05/25 07:04am

Three strikes and they're out...

suddenly newton2013/05/25 11:09am

LOL More reporting of court paperwork as 'news.'

ankleskater2013/05/25 11:17am

Quote:Originally Posted by starbird73? View Post

Court to Google/Motorola: You lose.

?

Google/Motorola: But, no, we don't.

?

Court to Google/Motorola: Yes, you do.

?

Google/Motorola: But, but, no, we don't.

?

Court to Google/Motorola: Yes, yes you do.

How is that different from what virtually every company does? Appealing is a legal option and most companies, including those you worship, employ that option liberally, frequently and almost automatically. It's absurd, ridiculous, ignorant, hypocritical and unintelligent to mock any company for appealing.

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Quote:Originally Posted by EricTheHalfBee? View Post

Waiting for GG to claim Google never initiates anything.

This is a fair comment (about Google, not about GG - that part I couldn't care less about). Motorola is part of Google now, and Google did once declare a non-aggression policy on patents. Whether one agrees with Apple's legal actions, their objective is quite clear. This is not true of Google.

ankleskater2013/05/25 11:19am

Quote:Originally Posted by Suddenly Newton? View Post

LOL More reporting of court paperwork as 'news.'

?LOL. More people reading and mocking it. Yet the joke is clearly, squarely on the mocking reader.

jessi2013/05/25 11:25am

I'm glad to see that Patent Troll Google has lost again, but let's not assume that this is a trivial patent simply because the people describing it do so in simple terms.

Multi-touch is a very sophisticated technology, never seen before (despite the claims from idiots who don't know how it works and who always bring up systems working on a different method, such as pushing two wires tougher as if they were "prior art".) ... and deserves to be protected.

Most of these "trivial" patents are not actually trivial. And getting them tried in court IS the way the patent system was designed.

The idea that there's a problem here is asinine-- the only problem is that innovators like Apple can't get timely resolution to these violations, while companies like google skate by.

But it's embarrassing that people would claim that patents stifle innovation-- patents ARE innovation, and the people being "stifled" weren't being innovative, they were being copycats.

If these patents really are trivial they don't stand up in court.

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