Americans generally do the right thing, after first exhausting all the available alternatives - Winston Spencer Churchill
SELLER OF ITHINGS Apple's claims that Motorola infringed its patents suffered a blow yesterday when the US International Trade Commission (ITC) ruled against it.
The US trade watchdog said it will terminate its investigation after finding that Motorola has not infringed Apples patents with its mobile devices or related software.
The ITC began the investigation on 30 November, 2010, based on a complaint filed by Apple. Apple claimed that some of Motorola's devices infringed its US patents 7,812,828, 7,663,607 and 5,379,430.
According to the ITC, it made its decision after looking at the presiding administrative law judge's final initial determination issued on 13 January, 2012, finding "no violation".
ITC secretary James Holbein noted that in the case of the '828 patent Apple alleged that Motorola illegally used its display technology, but said, "Apple presented no argument or evidence concerning infringement of the limitation 'means for fitting an ellipse to at least one of the pixel groups' in claim 24 and, by dependency, claims 25-26 and 29 of the '828 Patent separate from its infringement arguments concerning claims 1 and 10. Accordingly, Apple has failed to meet its burden to demonstrate infringement of claims 25-26 and 29 of the '828 Patent."
After review, the ITC ruled to affirm the judge's finding of no violation and said, "The investigation is hereby terminated."
The US ruling comes after Apple filed a similar complaint with the European Commission (EC) in February against Motorola over patents. Apple said it wants the EC to rule on the dispute that saw Motorola get an injunction against some of Apple's products in Germany. It began withdrawing Iphones and Ipads from sale but got the injunction suspended after an appeal when it won a temporary stay. The Karlsruhe Higher Regional Court handed a victory to Apple, giving the company the green light to continue selling its kit in Germany. µ
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