Patently Apple

A Riveting Read: Apple Files a Complaint for Declaratory and Injunctive Relief against Motorola

Late yesterday, Apple Inc. (US) and Apple Sales International (Ireland) filed a Complaint for Declaratory and Injunctive Relief against Motorola Mobility in the Southern District of California, San Diego Office. Apple's complaint before the court states that this is a lawsuit asserting claims for breach of contract, declaratory, and injunctive relief on one of Motorola's patents. Apple claims that they're entitled to a permanent anti-suit injunction enjoining Motorola from continuing to prosecute litigation in Germany alleging that Apple infringes its patents by virtue of incorporating Qualcomm chips into its products. Qualcomm has informed Apple that they have already paid Motorola for the licenses and covenants for Qualcomm and its customers, including Apple. What makes this court document such a riveting read is that it walks us through the entire battle Apple is having with Motorola through the German Courts. It discusses the adjoining arguments surrounding standards-essential patents or what is known as Fair, Reasonable, and Non-Discriminatory or "FRAND" terms and how Motorola is attempting to halt sales of Apple's hottest iPhone to date: the iPhone 4S. This is all done without the need for IP talking heads to interpret the events. This is Apple's full accounting of the events as they perceive them to be and on that basis alone it's worth a read. This report includes the full body of Apple's formal document before the court. While android fans have openly attacked Apple as being the evil one on all patent fronts over the last year, Pando Daily asks this question this week: Will Google Become the New Patent Villain? The powerful case that Apple makes before the court does in fact make one wonder that aloud.  

Apple Sues Samsung for Patent Infringement and gets Sued by SmartData

Switzerland based SmartData has filed a patent infringement lawsuit against Apple in the Northern District of California. The patent infringement lawsuit concerns Apple's iPhone, AppleTV and Remote. The court document shows that Apple and SmartData were once in negotiations for licensing. On a second front, Apple has launched a new patent infringement case against Samsung in San Jose. While the formal complaint has yet to be unlocked, we'll show you what we have thus far.  

Smart Audio Sues Apple with Delco Electronics Patent

Texas based Smart Audio Technologies has filed a patent infringement lawsuit against Apple in the Delaware District Court. The patent infringement lawsuit concerns Apple's media players in respect to their ability to "modify a play list of a random access player." Oddly Smart Audio only identifies the iPod nano by name. Yet the most interesting aspect of this case, if there is one, is that Smart Audio's key exhibit is that of patent assigned to Delco Electronics.  

New Motorola Lawsuit Claims iPhone 4S & iCloud Infringe on their Patents

According to court documents, Motorola has launched their second patent infringement lawsuit against Apple in Miami, Florida. In Motorola's new complaint they claim that Apple is infringing on six additional patents ranging from concealing an external antenna on a cell phone on through to a wireless messaging system. Motorola is mainly focusing on Apple's iPhone 4S smartphone and iCloud services as being the product and service infringing on their patents. It's safe to say that Google has given Motorola the green light and their blessing to proceed with this case.    

Apple May work with HTC to Fight off New Kodak Lawsuit

In February 2010 Eastman Kodak Company sued Apple claiming that they were infringing their patents related to digital cameras and certain computer processes. In April of 2010 Apple counter sued by claiming that Kodak had infringed on two of their patents but the US International Trade Commission in July 2011 ruled that Kodak didn't infringe on Apple's patents. So where are we now? Well, Kodak is coming at Apple like a freight train with a new patent infringement case that claims that Apple is infringing on four new patents. Yet an industry analyst believes that Apple may very well end up working with HTC to fight Kodak's claims. Now that would be an interesting possibility to say the least. And lastly, on another legal front, Apple is being sued by Hong Kong's Ho Keung Tse.