It looks like revenge time for Motorola. Motorola Mobility, Inc., a wholly-owned subsidiary of Motorola, has filed three separate patent infringement lawsuits against Apple which in total consists of eighteen patents. In the first case filed in the Illinois Northern District Court, Motorola alleges that Apple infringed on six of their patents. The patents cover a wide range of technology including paging systems to cryptographic protection to radio frequency (RF) cellular telecommunication systems and more. Motorola points to various Apple products that are allegedly infringing on their patents including all iPhones, the iPad 3G and in some cases all Mac hardware from the MacBook on through to Apple's Mac Pro workstation. The presiding Judge in the first of two cases in Illinois is John F. Grady.
Introduction
This is an action brought by Motorola Mobility against Apple for Apple's infringement of Motorola Mobility's patents. In particular, Motorola Mobility seeks remedies for Apple's infringement of Motorola Mobility's U.S. Patents Nos. 5,311,516 ("the '516 patent"), 5,319,712 ("the '712 patent"), 5,490,230 ("the '230 patent"), 5,572,193 ("the '193 patent"), 6,175,559 ("the '559 patent") and 6,359,898 ("the '898 patent") (collectively, "the Asserted Patents").
The Alleged Patent Infringement In-Part
The following patents are listed in this first lawsuit:
Count 1: The '516 patent, entitled "Paging System Using Message Fragmentation to Redistribute Traffic," duly and lawfully issued on May 10, 1994. According to Motorola, the patent generally relates "to the field of addressed messaging communication systems, and more particularly to a message segmentation method for redistributing traffic over time slots in a communication protocol."
Motorola Mobility lists the following products associated with this count: the Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple iPhone 4, the iPad, the iPad with 3G, each generation of the Apple iPod Touch, the MacBook, MacBook Pro, MacBook Air, iMac, Mac mini and the Mac Pro.
Count 2: The '712 patent, entitled "Method and Apparatus for Providing Cryptographic Protection of Data Stream in a Communication System," duly and lawfully issued on June 7, 1994. According to Motorola, the patent generally relates "to communication systems and, more particularly, to cryptographic protection within communication systems."
Motorola Mobility lists the following products associated with this count: the Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple iPhone 4, the iPad, the iPad with 3G, each generation of the Apple iPod Touch, the MacBook, MacBook Pro, MacBook Air, iMac, Mac mini and the Mac Pro.
Count 3: The '230 patent, entitled "Digital Speech Coder Having Optimized Signal Energy Parameters," duly and lawfully issued on February 6, 1996. It should be noted that this patent doesn't list Motorola as the owner or assignee of this patent. This particular patent generally elates "to speech coders, and more particularly to digital speech coders that use gain modifiable speech representation components."
Motorola Mobility lists the following products associated with this count: the Apple iPhone, the iPhone 3G, the iPhone 3GS and the iPhone 4.
Count 4: The '193 patent, entitled "Method for Authentication and Protection of Subscribers in Telecommunications Systems," duly and lawfully issued on November 5, 1996. According to Motorola, the patent generally relates "to communication systems and more particularly to radio frequency (RF) cellular telecommunication systems."
Motorola Mobility lists the following products associated with this count: the Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple iPhone 4, the iPad, the iPad with 3G, each generation of the Apple iPod Touch, the MacBook, MacBook Pro, MacBook Air, iMac, Mac mini and the Mac Pro.
Count 5: The '559 patent, entitled "Method for Generating Preamble Sequences in a Code Division Multiple Access System," duly and lawfully issued on January 16, 2001. According to Motorola, the patent generally relates to "communication systems, and more particularly to a method for generating preamble sequences in a communication system."
Motorola Mobility lists the following products associated with this count: Apple iPhone 3G, the iPhone 3GS, the iPhone 4 and the Apple iPad with 3G.
Count 6: The '898 patent, entitled "Method for Performing a Countdown Function During a Mobile-Originated Transfer for a Packet Radio System," duly and lawfully issued on March 19, 2002. According to Motorola, the patent generally relates "to packet information transmission and more particularly to early determination of a transmission block count which allows subsequent quick release of the transmission resources."
Motorola Mobility lists the following products associated with this count: Apple iPhone 3G, the iPhone 3GS, the iPhone 4 and the Apple iPad with 3G.
Request for Relief
Motorola Mobility respectfully requests that: (a) Judgment be entered that Apple has infringed one or more claims of each of the Asserted Patents; (b) Judgment be entered permanently enjoining Apple, its directors, officers, agents, servants and employees, and those acting in privity or in concert with them, and their subsidiaries, divisions, successors and assigns, from further acts of infringement, contributory infringement, or inducement of infringement of the Asserted Patents; (c) Judgment be entered awarding Motorola Mobility all damages adequate to compensate it for Apple's infringement of the Asserted Patents including all pre-judgment and post-judgment interest at the maximum rate permitted by law; (d) Judgment be entered that Apple's infringement of each of the Asserted Patents is willful and deliberate, and therefore, that Motorola Mobility is entitled to treble damages as provided by 35 U.S.C. § 284; Case: (e) Judgment be entered that Apple's infringement of the Asserted Patents is willful and deliberate, and, therefore, that this is an exceptional case entitling Motorola Mobility to an award of its attorneys' fees for bringing and prosecuting this action, together with interest, and costs of the action, pursuant to 35 U.S.C. § 285; and (f) Judgment be entered awarding Motorola Mobility such other and further relief as this Court may deem just and proper.
The Civil Cover Sheet – Illinois
David A. Nelson of QUINN EMANUEL URQUHART & SULLIVAN, LLP filed the complaint with the court on behalf of Motorola Mobility, Inc. on October 6, 2010 who seeks a trial by jury. The presiding Judge in the first of two cases in Illinois is John F. Grady
Also Read: Motorola vs. Apple - Illinois Case 2
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