Feeds

Really? Sigh. Really? Apple's lawsuit against Google is REVIVED

Stop us if you've heard this one before: Apple set to sue Android vendor

Bridging the IT gap between rising business demands and ageing tools

A US Federal Court has issued a ruling that will allow Apple and Motorola Mobility to assert certain patent claims against each other. The ruling also opens the door for Cupertino to try to seek a ban on sales of certain Android handsets.

While Google will be allowed to seek damages on any of the Motorola Mobility patents in question should they be found to be infringed, it will not be able to stop any sales of handsets that use the IP. This is linked to an earlier Moto pledge to license its “standards-essential” patents on reasonable terms.

The Federal Circuit Court of Appeals on Friday overturned (PDF) parts of a decision from a US Circuit Court judge which had prevented the two companies from engaging in a courtroom battle over allegations of infringement.

Apple originally filed the case in 2010, asserting that Motorola Mobility, then still a part of Motorola Inc, had infringed upon three of its patents relating to the design and operation of mobile devices. Motorola fired back with a counterclaim alleging that Apple had infringed six of its patents in its mobile devices.

The appeals court ruling puts three of Apple's patents and three of Moto's back into play.

Since the case began, Motorola found itself sold off twice, first to Google then later to Lenovo in a pair of multi-billion dollar deals.

The case was preparing to go to trial in 2012 when, in what some would argue to be a show of mercy, Judge Richard Posner struck down the entire case and dismissed both claims.

"Neither [party] has shown that damages would not be an adequate remedy … the parties have failed to present enough evidence to create a triable issue,” Posner said at the time.

The appeals court, however, did not agree with Posner and in an opinion published Friday allowed the matter to head back to court. The ruling overturns several findings and decisions which Posner had cited in claiming that neither side would be able to seek damages.

As a result, the two firms will be able to return to court and argue some of the claims and counterclaims in the matter.

The decision also affects Apple's other major patent case in the US – with Samsung. One of the three Apple patents from the Moto-Apple case is also being asserted in this one – and is hence back in play. Although Sammy and Apple's lawyers had been set to start closing arguments today, thanks to this new appeals court ruling, US district judge Lucy Koh has said that additional arguments related to Apple's "data-tapping" patent (5,946,647) can be presented. This means the whole process will be dragged out for even longer. ®

Seven Steps to Software Security

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple ran off to IBM
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.