A high proportion of IT columnists are surprisingly overweight - Martin Veitch
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Apple files motions to stay Motorola patent lawsuits
TABLET AND SMARTPHONE MAKER Apple has filed a motion to stay a lawsuit launched against it by Motorola Mobility, claiming that Google's acquisition of the company means Motorola has forfeited its right to sue.
The lawsuit was filed by Motorola in the Soutern District of Florida. Apple reportedly backed up its claim by also filing a motion to stay its own counter-suit against Motorola in the Western District of Wisconsin.
In relation to Motorola's lawsuit, Apple claims that it "should not have to face the threat of an injunction based on the claims of a party that now has no standing to bring those claims."
It continues, "Apple will be expending enormous resources litigating claims against a party that does not have standing."
The issue of legal standing relates to Google's acquisition of Motorola Mobility in mid August for $12.5bn. The company has 17,000 patents and 7,500 additional patents awaiting approval, giving Motorola, and now Google, an extensive patent portfolio with which to go after Apple.
It is an important point that Apple wants to put its own case on hold, because if it simply asked for Motorola's case to be stayed while still pursuing its own, the courts would likely reject its request. Other cases between the two companies are already on hold due to US International Trade Commission investigations.
It ia also interesting that Apple is willing to sacrifice its case, as it suggests that it might not feel that confident of winning it and could be fearful of the potential outcome of Motorola's case. If Apple is found to have infringed multiple patents its products could suffer as much as Samsung's are currently suffering in Germany and other regions, thanks to an Apple requested bans.
However, if Apple succeeds in getting the case temporarily closed down, it does not necessarily protect it from being sued over the Motorola Mobility patents, as Google can easily launch a new lawsuit once it completes the acquisition. Apple could also sue Google, putting the two companies in direct litigation over their lucrative smartphone and tablet empires.
Motorola Mobility's extensive patent collection is seen as the primary reason why Google decided to buy it, in an effort to protect its Android operating system, which has come under threat through various lawsuits against its partners by Apple. If the Motorola cases are ultimately dismissed it is likely that Google will launch its own lawsuit against Apple, unless perhaps Apple drops its cases against companies like HTC and Samsung, which are key Google partners. µ
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Apple knows they have no way of holding onto the gains created by these lawsuits, as they know that appeal after appeal will ultimately bring their lawsuits to a blunt end. This is a given. Apple also knows that they are making enemies, and after a while no one will want to play in the same sandbox. Apple has gone sue happy. They have gone rotten to the core.
I stated when I read about the Apple lawsuit in Germany that blocked the sale of products to all EU countries that it would be ludicrous to allow that and that it probably didn't have the authority to do so. That initial ruling has been overturned.
Now Apple has managed, in Germany, to block the sale of Samsung's Galaxy Tab 10.1. All that over the look and feel. Notice that they haven't managed anything anywhere else? NOTICE? You all put too much standing in Germany. It's inconsequential at best for the rest of the world.
The Motorola Mobility as a legal entity still exists and Google has repeatedly stated they are going to run it as a separate entity. Just because Google owns Motorola Mobility doesn't mean that they Motorola Mobility has given up their legal right to sue. Nothing stops them from amending or changing the declaration of who has an interest in the matter.
Apple is after one thing and one thing only and nothing else matters--Apple wants to prolong the period of which they can charge a premium for their products. They know that commodity pricing is around the corner.
EVERYONE WANTS A TABLET ONLY NO ONE CAN AFFORD THEM!!!
Bring in commodity pricing and you essentially destroy the iPad's raison d'etre. It is the death knell for it.
Apple has NOT gained ground in any substantive way in their desktops and laptops. Their iOS side has been making the money. Their profits have come from the iPad and the iPhone.
That means they are living in the same world they did before with their high priced products. ONLY the iPad and iPhone devices are where they have the lead. All they want to do is keep their price as high as possible for as long as they can keep the lead, all the while knowing that commodity pricing will reduce their position and force their prices down.
I got a batch of cheap laptops from shakkalulu.
So this would mean I can use a sticky IBM label with impunity from Lenovo?
You gotta laugh.
They really need to do something to sweeten those crabby apples instead of playing silly games.
I got a batch of cheap laptops from shakkalulu.
So this would mean I can use a sticky IBM label with impunity from Lenovo?
You gotta laugh.
They really need to do something to sweeten those crab apples instead of playing silly games.