Google’s attempt to block U.S. imports of iPhone and iPad thwarted as ITC remands investigation of one patent

Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.

In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.

The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year:
Read more

Motorola Xoom does not violate iPad design patent, rules German court

A German court ruled this morning that the “popular” Android-powered tablet does not violate the patented look of Apple’s tablet. The Duesseldorf court discarded one claim by the Google-owned manufacturer, however, about the iPad’s design patent being inapplicable.

FoxBusiness explained:

  • Apple initially sued Motorola for allegedly infringing three iPad designs with the Xoom. It sought to have the device banned across Europe.
  • Although the judges ruled Motorola’s Xoom doesn’t infringe on the iPad, the court rejected a counterclaim brought by Motorola alleging the iPad’s design patent is invalid, a spokesman for the court said.
  • As the court ultimately rejected both parties’ claims, it ordered Apple to pay two-thirds of costs and Motorola to pay a third, the spokesman added.
  • [...] During two hearings prior to the ruling, the presiding judge had indicated the court was leaning in Motorola’s favor. Judge Johanna Brueckner-Hofmann said in March that the court considered the evenly bent back and shaped edges on the front of the Xoom tablet sufficient to give the product individual character.

Apple is also suing Motorola in a Mannheim court for allegedly breaching a patent on multi-touch enabled devices.

Get the full report at FoxBusiness.

Read more

Report: Judge who dismissed Apple’s case against Motorola disputes legal protection for tech industry

Reuters interviewed the U.S. judge today who dismissed Apple’s patent court case against Motorola, and the details behind the jurist’s reasoning for tossing the lawsuit are as interesting as they are controversial.

Richard Posner sits on the 7th U.S. Circuit Court of Appeals in Chicago and disputes whether software and related tech industries should even have patents for their products.

“It’s not clear that we really need patents in most industries,” said Posner, referring to the slew of features in smartphones that are legally protected. “You just have this proliferation of patents. It’s a problem.”

Posner, 73, argued the pharmaceutical industry better deserved protection for its intellectual property because of the, as Reuters coined it, “enormous investment it takes to create a successful drug.” He tossed Apple’s lawsuit against Google’s Motorola Mobility last month and denied an injunction against the sale of Motorola devices using Apple’s patented technology.

The judge attributed Apple’s scramble to attack competitors allegedly using its technology to a “constant struggle for survival.”

“As in any jungle, the animals will use all the means at their disposal, all their teeth and claws that are permitted by the ecosystem,” Posner contended.

Read more

ETSI selects Apple’s nano-SIM design for new 4FF standard?

We already knew that Apple is pushing hard to have the European Telecommunications Standards Institute select its nano-SIM card design over competitors like Nokia and Motorola, who proposed their own alternative design with RIM. While it was rumored that Apple had support from the majority of European operators, the ETSI confirmed today that it has selected a form factor for the new 4FF SIM Card:

The fourth form factor (4FF) card will be 40% smaller than the current smallest SIM card design, at 12.3mm wide by 8.8mm high, and 0.67mm thick. It can be packaged and distributed in a way that is backwards compatible with existing SIM card designs. The new design will offer the same functionality as all current SIM cards.

The announcement from the ESTI does not flat-out confirm Apple’s design was chosen, but we are able to confirm that the new form factor does match up nicely with measurements of Apple’s proposed design thanks to a little bit of investigative work courtesy of The Verge. Unfortunately, Nokia and Motorola’s proposed design had almost identical dimensions. We will have to wait for more official information on the new standard from ESTI before we know for sure that Apple’s design was selected.

The ESTI explained the standard would be published in its TS 102 221 specification:

Read more

German judge upholds ban on Apple push email, Apple must pay damages to Motorola Mobility

Apple suffered a significant blow in the ongoing patent battles with Android competitors today when a Mannheim regional court in Germany ruled against an Apple appeal.

The court backed an earlier decision that banned Apple from offering the service for synchronizing emails on Apple’s mobile devices that use iCloud.

The court said Apple must pay damages to Motorola Mobility, but didn’t specify the amount.

The judge adjourned a decision on mobile communication standards, which Motorola Mobility regards as standard-essential. He didn’t say when the court will rule on this patent case.

Thermonuclear. Read more

comScore: Android and iOS grab 80 percent US marketshare, Apple passes Motorola

Following Nielsen’s latest survey that showed over 90 percent of United States smartphone buyers are choosing iOS or Android, research firm comScore today released its data of the top smartphone platforms and OEMs in the U.S. The survey included more than 30,000 people over a three-month period ending February 2012. It found Android was up 17 percentage points from a year ago with 50.1-percent of the U.S. smartphone market. In comparison, Apple’s 30.2-percent accounted for an increase of 5 percentage points from the same period a year ago.

According to comScore, Google passed the 50 percent milestone for the first time during February 2012. The numbers represent a 3.2-percentage point increase over previous three-month period for Google, and a 1.5-percentage point increase for Apple.

Read more