On Friday, wholly-owned Google subsidiary Motorola Mobility announced the filing of a new (second) ITC complaint against Apple. I previously commented on this announcement and possible tactical considerations behind it.
Today I have been able to access the complaint. It was filed by Quinn Emanuel, the law firm that previously represented Motorola Mobility in most of its lawsuits with Apple. Quinn Emanuel is also Samsung's counsel in the ongoing California trial (where it just achieved a significant improvement for its client ahead of jury deliberations).
Motorola filed a companion lawsuit (over the same seven patents) against Apple with the United States District Court for the District of Delaware.
These are the seven patents-in-suit in the ITC action (and the companion federal lawsuit) along with the descriptions Google (Motorola) and infringement accusations provided in the complaint:
U.S. Patent No. 5,883,580 on "geographic-temporal significant messaging"
"The '580 Patent generally relates to messaging devices that process messages logically for a user in the context of space and time. The patent discloses, inter alia, a method and apparatus for receiving messages having a relevancy status (e.g., a location identifier) and processing the messages when the relevancy status changes."
accused products: iPhone 4 and 4S
U.S. Patent No. 5,922,047 on an "apparatus, method and system for multimedia control and communication"
"The '047 Patent generally relates to communications and control systems for multimedia. In particular, the '047 Patent discloses, inter alia, an apparatus and method for providing control functions over multiple and diverse media applications, preferably operating at more than one designated node or location."
accused products: iPhone 3GS, 4, 4S; iPad 2 and 3
U.S. Patent No. 6,425,002 on an "apparatus and method for handling dispatching messages for various applications of a communication device"
"The '002 Patent generally relates to communications devices that ensure applications installed therein only receive messages that are of interest. The patent discloses, inter alia, a message manager program for accepting and dispatching messages, application program(s) for handling and presenting messages, and message client program(s) that receive messages from the message manager program and provides them to the application program."
accused products: iPhone 3GS, 4, 4S; iPad 2 and 3
U.S. Patent No, 6,493,673 on a "markup language for interactive services and methods thereof"
"The '673 Patent generally relates to communications devices that are capable of providing interactive services. The patent discloses, inter alia, providing [a] prompt element including an announcement to be read to a user, and an input element that allows an audible user in put to be converted into a text string."
accused product: iPhone 4S
U.S. Patent No. 6,983,370 on a "system for providing continuity between messaging clients and method therefor"
"The '370 Patent generally relates to communications systems incorporating capabilities to provide continuity between messaging clients. More specifically, the '370 Patent relates to the ability to sync the messaging capabilities of multiple devices."
accused products: iPhone 4 and 4S; iPad 2 and 3; Mac Pro, iMac, Mac mini, MacBook Pro, MacBook Air
U.S. Patent No. 7,007,064 on a "method and apparatus for obtaining and managing wirelessly communicated content"
"The '064 Patent generally relates to wireless communications systems for providing content to wireless communication devices. In particular, the '064 Patent discloses, inter alia, an apparatus and method for obtaining and managing wirelessly communicated content."
accused products: iPhone 3GS, 4, 4S; iPad 2 and 3
U.S. Patent No. 7,383,983 on a "system and method for managing content between devices in various domains"
"The '983 Patent generally relates to managing content between devices in various domains and, more particularly, to a system and method for pausing content in one device and resuming playback of the content in another device that may be in a different domain."
accused products: iPod touch; iPhone 3GS, 4, 4S; iPad, iPad 2, iPad 3
All seven patents-in-suit are homegrown Motorola patents. That is relevant in two ways. On the one hand, it makes sense given that the ITC threw out five patents Google gave to HTC for the purpose of asserting them against Apple. On the other hand, it is a safe assumption that Motorola picked its strongest patents before, and is now suing over patents that it previously considered less strong than others. Prior to this ITC complaint, Motorola had already asserted more than two dozen different patents against Apple, which it preferred over its other patents, including the seven it pulled out now.
The '370 patent is the only one of the seven patents to have been asserted in prior litigation at all. It is at issue between Motorola and Microsoft in the Western District of Washington, where the parties' infringement claims are currently stayed. Motorola claims in its ITC complaint that Apple must be aware of the '370 patent "at least through its monitoring of" the related Motorola v. Microsoft case.
The ITC will undoubtedly open an investigation of this complaint within about a month. The target date for the investigation will likely be somewhere in the first half of 2014.
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