The iPhone 5s and the Moto X

A U.S. appeals court has revived previously-dismissed patent cases which Apple and Motorola Mobility had brought against each other. The cases had originally been consolidated in the Northern Illinois District of the U.S. District Court before being thrown out in June 2012 due to lack of evidence on both sides. Despite reviving Motorola's case, the appeals court ruled that Motorola could not press for a sales ban on Apple's products despite any patent infringement, due to the patent being standards-essential. Apple had been pursuing a case against Motorola Mobility involving the potential infringement of four patents.

According to Reuters:

The U.S. Court of Appeals for the Federal Circuit had been hearing two cases - one in which Apple accused Motorola Mobility, which was later bought by Google, of infringing four patents. Motorola accused Apple of infringing a standard essential patent, one necessary to making a mobile phone work.

Was the court right to revive these cases, or should they have been left alone? Let us know in the comments below.

Source: Reuters

 

Reader comments

Apple v. Motorola brought back from the dead for another round

45 Comments

After they pay the greedy lawyers your phone will now cost 999.00 on a 2 yr contract. Bottom Feeders!

They can afford the hit. But you're probably right. Even though every iPhone sold is currently about 55-65% pure profit.

Lol. At least. Apple has 18% global market share, but makes 80% of global cell phone profits. What does that tell you? That's why we call it the "Apple Tax".

"due to the patent being standards-essential" thats funny that rounded rectangle its not one of those cases.. LOL
Yes and No!
Yes .. maybe Apple will lose since Motorola has a lot of Patents under her..
No .. more legal fights are just useless to customers who just want good devices.

Google owns those patents now. Remember Lenovo owns Motorola (or will by the time this goes anywhere). They retain licensing but can't sue over them.

Posted via Android Central App on my daily driver, the Droid MAX

What a joke, they dropped the case due to lack of evidence. Why bring it back? What's the motive?

Posted via Android Central App

Maybe they'll spread themselves too thin, like the Roman Empire, and completely fail. One can only hope.

Posted from my Motorola Moto G

Funny you say that about Apple. Because that's exactly how I feel about Google right now.

Posted via Android Central App

Analyst say that's Apple's Biggest problem is that they have $150 billion and have no idea how to reinvest it to make more money.

Keep saying that to make yourself feel better. They are a publicly traded company which only exist to make money. On that front they are winning by a large margings since they take home 2/3 of the mobile industry profits. No wonder so many android oem's are going broke with that kind of thinking.

What is googles cash on hand? Most of that comes from search and ads. Guess what 80% market penatration for android does for Google?

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Last I checked, Google had about $65b on hand and profits were up 19% for this quarter last year. They may not have as much cash onhand as Apple, but they're not exactly going broke.

And how much has Apple's stock dropped in the past 4 years? Went from $800+ down to 400 and now leveled off at around 550 for now.

And I'm sure this has nothing to do with Moto being sold to a Chinese company

Posted from my newly Kit Katted Droid Ultra

I always knew this case would be reversed by the appeals court, because that dude judge Richard Posner was more concern about voicing his own opinions instead of keeping with the current law. He wrongly threw the case out, while I agree with some of his sentiments it was not his place to throw the case out because you don't agree with the law. He is a judge, and should know better than just about all of us.

Why do people think apple making a ton if profit of their phones as a bad thing? I'd rather more OEMs do this so they stay in business.

Because, that's the only argument they can make. Apple have zero marketshare of phones that are under $400, they do not make one. They do however have a 75% marketshare of phones above $400. That's the market they play in.

"Apple had been pursuing a case against Motorola Mobility involving the potential infringement of four patents."

What 4? You started making the aijphoney 2oo7..you don't have anything to say

... ( 0ppo F5) ...

A bigApple State of Mind

Well now that MOTO is no longer backed by Google let's go after them now;

Hey courts time to look into our old case against Moto, they now have less patents to back up their claims;

I hope Google doesn't back them up on this;

All these patent wars should be banned! For a start, they are always asking for settlements way larger than they deserve. They are all based on trivialities that are worth no more than a few hundredths of a penny each.

Technology companies should be forced to work together and share research with eachother, working for the goal of advancing technology.

There is plenty of market share for everyone. If a device fails to sell, it is the fault of the manufacturer, not because another company made a device that had the same colour icons.

There are winners and losers in these battles. The winners are the Lawyers. The losers are humankind. The critical thing to understand is that these two groups are mutually exclusive.

It would be awesome if tech companies could work together to create new technologies. But the fact is, competition drives innovation. Survival of the fittest is very important when it comes to making "better", and companies will do whatever they can to try and bring the competition down so they can bring more innovation to the table. Patent wars may not seem logical, but they actually are not terribly adverse in the scheme of things.
A socialist economy would be great, but in the past it hasn't worked so great.

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A non sense. I can't understand this " standard essential " bs. Apple did NOTHING in the mobile industry until 2007 while others like Motorola, NOKIA, HTC were building and investing forever. So, they had a decent starting point to say something new and be creative. They didn't bother paying the royalties (nor asking if they should) but started suing someone who would pick up from them and go somewhere with it. It's just ridiculous.
On principle, Apple should be paying big royalties for the "basic phone functioning " - otherwise to be forced to switch all iPhones to NanoPads :)
VZW Moto X