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Judge upholds most of Apple touch patent vs. Motorola

updated 10:55 pm EDT, Sat March 31, 2012

Apple mostly secure in key Motorola patent lawsuit

Apple landed a key decision in its civil lawsuit against Motorola in the US after Judge Richard Posner upheld the majority of a patent central to the case late this week. He mostly agreed with Apple's interpretation of its touchscreen heuristics patent, limiting complaints mostly to the lack of specificity for certain gestures. Motorola made arguments to invalidate the patent that were unpersuasive, including an odd insistence that a patent construction claim was only valid at a 27-degree angle of touch that had only been used as an example.

"I reject Motorola's argument (this is the third time they've made it and the third time I reject it) that the structure must be limited to the 27-degree angle used as an example by the specification," Judge Posner wrote.

The decision will likely lead to Motorola being found in violation of the patent. Short of making a strong claim that the patent itself is invalid, Motorola is likely to be found infringing and face the threats of damages and product bans for some of its Android devices, although most of those named are no longer sold.

Motorola's main hope in resisting the patent would be to claim an overly vague definition that would cover too much of the industry for too long. With the patent still active until 2028, Apple could theoretically limit how well other companies' touchscreens work past the point at which the technology would be relevant on Android and other platforms. [via Florian Mueller]

by MacNN Staff



  1. ASathin8R

    Joined: Dec 1969


    A little bit foggy

    Can someone remind me why Google paid $12 BILLION for Motorola again?

  1. The Vicar

    Joined: Dec 1969


    Re: why $12 billion

    At this point, my best guess is that Motorola had photos of Larry Page doing something pornographic to livestock.

  1. SockRolid

    Joined: Dec 1969



    Re: " odd insistence that a patent construction claim was only valid at a 27-degree angle of touch that had only been used as an example.

    Trying to get off on a technicality. Motorola is that desperate?

  1. SockRolid

    Joined: Dec 1969



    @ ASathin8R and The Vicar re: "why the 12 billion?"

    Because the then-CEO of Motorola Mobility publicly threatened to sue Google for something. Can you guess what for?

    BINGO! You got it! Patent infringement.

    Google panicked, smashed together a quick-and-dirty deal and ended up paying a sucker price. 63% over the fair market value for Motorola Mobility at the time.

    Extortion? Hush money? Flip a coin.

  1. facebook_George

    Via Facebook

    Joined: Apr 2012


    and for Google?

    So Motorola loses a patent battle with Apple and Google now owns the Motorola patent - what does that mean for google and android?

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