No violation by Apple of Google patent in iPhone, rules US court
11 Jan 2014
The US Court of Appeals for the Federal Circuit upheld a decision in April by the International Trade Commission (ITC), which ruled in April that there had been no violation of any Google patent to make the popular iPhone (See: ITC dismisses Motorola patent lawsuit against Apple).
With Apple looking to gain market share from companies that make smartphones using Googles' Android software, the smartphone industry is awash with scores of lawsuits.
"We're disappointed in this decision and are evaluating our options," Motorola, which has been acquired by Google, said in a statement. Apple did not comment on the decision.
In 2010 Apple was accused by Motorola Mobility of infringing six of its patents covering technology such as reducing signal noise and programming the device's touch screen so that it was not accidently activated by the user's head while talking on the phone.
The ITC ruled in April 2013 that Apple did not violate any of the six. Just one of the six patents had been addressed by the appeals court (See: ITC dismisses Motorola patent lawsuit against Apple).
Google acquired the patents in the case -- and the lawsuit with the purchase Motorola Mobility for $12.5 billion in 2012, partly for its library of telecommunications patents (See: Google to buy Motorola Mobility for $12.5 billion).
Google's Android software, which it lets handset makers use for free, has emerged as the world's No 1 smartphone operating system, ahead of the iOS software used on Apple iPhones.
According to the three-judge panel of the Federal Circuit, the commission was correct to rule that Cupertino, California-based Apple used a different technique.
Mountain View, California-based Google, concluded its Motorola Mobility acquisition in 2012 partly to get Motorola Mobility's trove of over 17,000 patents, which it hoped would be used in counter attacks that its Android operating system was infringing Apple and Microsoft Corp patents. According to commentators, the strategy had not resulted in a significant legal victory against either company so far.
Google can ask for review of the case by all active judges of the court, and can ask that the Supreme Court hear it.
