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To: Lahcim Leinad who wrote (17464)	3/18/2012 1:00:05 AM
From: sylvester80	Respond to of 32680

Motorola wins final ruling against crApple Final ITC ruling clears Motorola of Apple patent infringement Saturday, March 17, 2012 By Mikey Campbell Published: 02:44 AM EST (11:44 PM PST) appleinsider.com After reviewing an initial determination that exonerated Motorola Mobility from claims of infringement on certain Apple patents, the U.S. International Trade Commission on Friday handed down a "finding of no violation" that effectively brings an end to the nearly year-and-a-half long investigation. The six-member commission at the head of the ITC gave notice that it had finished a partial review of the case's initial determination (ID), and sided with the ruling of an administrative law judge who found that Motorola did not infringe upon three Apple patents, reports FOSS Patents' Florian Mueller. Apple first filed the ITC complaint in October 2010 in response to a Motorola patent attack, alleging that the telecom giant's Droid, Droid 2, Droid X and other smartphones infringed on existing multitouch patents. The subsequent investigation concluded in January when an ALJ found that Motorola were not in violation of the asserted Apple patents. The three patents asserted against Motorola were U.S. Patent No.7,812,828 for "elipse fitting for multi-touch surfaces," No. 7,663,607 for a "multipoint touchscreen" and No. 5,379,430 for an "object-oriented system locator system." Friday's judgment is the result of Apple's final petition for review of the ALJ's ruling, which the company filed for in February. Excerpt of Friday's ITC ruling that held Motorola in "no violation" of Apple patents. \| Source: ITC (pdf document) Apple has the option to dispute the decision in federal court, and Mueller believes this will likely happen considering the iPhone maker is appealing a partially-won ITC ruling involving Taiwanese company HTC. The aforementioned ITC investigations were being closely watched by Google because the outcome of each directly affects either the Android OS or the online search monolith itself as Motorola Mobility is in the process of being acquired by Google for a reported $12.5 billion. The deal will net the Mountain View, Calif. company some 25,000 patents, many of which are related to wireless technology. Mueller noted in February that Google filed public interest statements with the ITC regarding both the Motorola and HTC investigations as a self-proclaimed "non-party." "Should the Commission enter an exclusion order, it will reward Apple for asserting patented technologies that are, at best, minor components of the accused products," Google wrote about the Motorola infringement case. The statement went on to say that ""Apple needs no protection from the forces of the market; it is the largest seller of mobile devices, with a record $46.33 billion in recent quarterly revenue and $13.06 billion in quarterly net profit."

To: Lahcim Leinad who wrote (17464)	3/18/2012 1:04:42 AM
From: sylvester80	Respond to of 32680

BREAKING...Motorola injunction against Apple push services upheld in Germany; crApple iPOS devices suffer major degradation in user experience... first germany, and soon worlwide... Friday, March 16, 2012 By Mikey Campbell Published: 05:42 PM EST (02:42 PM PST) appleinsider.com German iOS device owners will be without push notifications for an extended period of time as a German court denied Apple's appeal to halt a Motorola ban on the service used by iCloud and MobileMe. A spokeswoman for the Karlsruhe Higher Regional Court, which handles appeals for the circuit within which the Mannheim Regional Court belongs, confirmed on Friday that an Apples attempt to suspend the injunction imposed by Motorola had been denied on Wednesday, reports FOSS Patents' Florian Mueller. "We are pleased with [Wednesday's] ruling in Germany denying Apple's motion to stay the injunction related to our push email patent. We will continue to protect our intellectual property," Motorola said in a statement. Apple's German push notification stoppage was the direct result of a Motorola court case regarding data pushing technology, and was first revealed in a support document posted to the company's website. The telecommunications giant won the injunction in early February, though chose not to leverage the ruling until later that month presumably due to deliberation over whether to post the 100 million euro bond required to enforce the ban. Motorola first filed the patent complaint at the Mannheim Regional Court in April, 2011, and Judge Andreas Voss subsequently handed down the "preliminarily enforceable" ruling in favor of the RAZR maker. Push technology allows users to receive email and notifications instantly without having to "pull" the data from a server. The system was popularized by Research in Motion's BlackBerry platform, with Apple adding the service to MobileMe and subsequently iCloud. Wednesday's decision to uphold the injunction means that German iCloud or MobileMe users could be without push notifications for a year or more as the issue moves through the appeals process. iOS devices are only affected within the confines of Germany, and regain push functionality once outside the country's borders. Certain workarounds like timed retrieval of messages can serve as a stop-gap until Apple either wins an appeal or comes to an agreement with Motorola. Apple has the option to appeal again, though it is likely that the company has presented all arguments and will have to wait and see if other ongoing cases against Motorola bring new cause for a reexamination of the case. As the two companies continue their German patent battle, it is unclear what effect the appeal denial will have on future proceedings regarding certain FRAND patents that apply to wireless technology. Apple recently won two key injunctions against Motorola, one regarding a photo gallery patent and another over a handset's slide-to-unlock mechanism. With Google's takeover of Motorola Mobility looming, Germany has become an important battleground for the overarching iOS versus Android patent war.