Apple Cleared In Motorola Patent Appeal

Apple has been cleared of infringing a Motorola Mobility patent by a US appeals court, in a case that had seen Motorola seek to block shipments of Apple’s iPhone to the US. A three-panel judge at the US Court of Appeals for the Federal Circuit in Washington, DC ruled on Friday that an earlier ruling by the International Trade Commission (ITC) was correct in finding that Apple had used a technique different to that specified in US Patent 6,272,666, which specifies a method for controlling delivery of data to a mobile device.

Ruling upheld

“Motorola failed to establish the technical prong of the domestic industry requirement,” wrote Federal Judge Jimmie V. Reyna in the decision. “Because these conclusions of the Commission were supported by substantial evidence, we affirm.” Motorola filed the original claim with the ITC in 2010, alleging Apple infringed six of its patents, and Google inherited the case when it acquired Motorola Mobility in 2012. The data-delivery patent was the only one to be pursued in Motorola’s appeal, which Motorola filed after the ITC dismissed the final assertion in Motorola’s case in April 2013. Google bought Motorola in part to gain access to the company’s reserve of more than 17,000 patents, which it plans to use in ongoing legal battles with competitors such as Apple. Patent 6,272,666 has also been asserted against Microsoft.

Disappointment

Google said the company is disappointed and is “evaluating its options”, according to a Motorola spokesman. Apple declined to comment. Google still has the option of asking for a review of the decision by other judges of the court or taking the case to the Supreme Court. Apple and Samsung, the two market-leading smartphone makers, are involved in ongoing litigation but last week agreed to attend a mediation session to be held on or before 19 February ahead of a court meeting in March. The appeals case is Motorola Mobility LLC. v. US International Trade Commission, 13-1666, US Court of Appeals for the Federal Circuit (Washington). Do you know all about 4G and the mobile future? Take our quiz.