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October 15, 2010


It's interesting to note that this Declaratory Judgment action by Motorola essentially forces Apple to counterclaim for infringement. In these preemptory DJ actions, the defendant patent owner will invariably have to assert the patents-in-suit as a "compulsory counterclaim" or risk losing the right to assert the patents at a later date against the plaintiff (Motorola).

Matt Macari
Skaar Ulbrich Macari

Apple patented their iPhone interface and the iPhone hardware configuration extensively. I doubt if Moto will get any sort of declatory judgement in it's favor. What is the Droid though, except a blatant and obvious iPhone rip-off?

I had no idea Motorola smartphones don't have a CPU, memory, storage, operating system, input and display and hence cannot be a computer. Good defense.

This is on behalf of google.

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