The legal battle between Apple and Motorola continues today with a decision by a judge of a commercial court in the USA, a decision that gives victory to the cause of those from Motorola in an action opened in October 2010. According to the decision to the judge, Apple allegedly infringes on a Motorola patent related to Wi-Fi technology. The judge's decision cannot yet be used to block the import of iDevices into the US, but it will be verified by a panel of 6 judges of the same court, and their decision can be used to impose this import ban.
ITC Judge Thomas Pender said Apple violated one of four Motorola Mobility patent rights. The patent relates to Wi-Fi technology. The judge's findings are subject to review by the six-member commission, which has the power to block imports that infringe US patents. Motorola Mobility filed the complaint Oct. 1, 2010, amid public statements by Apple that phones running on Google Inc's Android operating system copied the iPhone. Android has become the most popular platform for mobile devices. Cupertino, California-based Apple has filed an ITC complaint against HTC Corp., another Android-handset maker.
Those from Apple I say that Motorola refuses to license FRAND technology on reasonable terms and thus was "forced" to use it without their consent. Those from Apple claim that a German court won their case in a trial involving the same patent, and the company hopes that in August the panel of 6 judges will make the same decision. If this will not happen, then Motorola has the possibility to block the import of iDevices in the USA until it reaches an agreement with Apple.
"We are pleased that the ALJ's initial determination finds Apple to be in violation of Motorola Mobility's intellectual property, and look forward to the full commission's ruling in August," Motorola said in a statement to AllThingsD. "Our commitment to innovation is a primary reason why we are an industry-leader in intellectual property, and our focus continues to be on building on this strong foundation to enhance the user experience."
"We're glad the court ruled in our favor on three of four patents being considered," Apple spokeswoman Kristin Huguet told AllThingsD. "The fourth covers industry-standard technology which Motorola has refused to license to Apple on reasonable terms. A court in Germany has already declared this patent invalid, so we believe we will have a very strong case on appeal."
