Dec 09 AT 9:54 AM Nick Gray 74 Comments

Motorola and Samsung catch a break in fight against Apple

lego-lawyer-gun-briefcase Image via: pasukaru76 with Creative Commons

Tis the season to be jolly. Things are finally looking good for both Motorola and Samsung in their separate battles against Apple’s tyranny in the mobile and tablet space. First up is the ruling from the court in Australia which has denied Apple’s appeal on the court’s decision to allow Samsung to sell the Galaxy Tab 10.1 in the country. Apple secured an original injunction against the Android tablet in mid-October which was later lifted by the Australian court late last month. [1]

The second victory goes to Motorola which has been granted a preliminary enforceable injunction by the German Mannheim Regional Court against Ireland-based Apple Sales International on products which violate Motorola’s European Patent 1010336 (B1). The patent in question allows for a “method for performing a countdown function during a mobile-originated transfer for a packet radio system” and covers most of Apple’s iOS powered devices (iPhone 3G, 3GS, 4, iPad 3G and iPad2 3G). Apple is able to avoid the injunction if it chooses to remove the element within the OS which infringe on Motorola’s patents, but we have a feeling that they’ll appeal the ruling and try to battle things out in the courts before conceding defeat. [2]

We know that all these patent stories are getting out of hand, but we’re glad that we’re starting to see a few of them go in Android’s favor.  Now that Apple is feeling the pressure from Android OEM’s, do you think they will back down on their patent attacks?

References

  1.  Engadget
  2.  Engadget
Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined the Android and Me family in the summer of 2010.

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  • Kindroid

    Apple will go down swinging….stupid…but that is how it is. For my part, couldn’t happen to a nicer punch of hypocrites. Now Microsoft/Balmer bend over and say…THANK YOU.

    • http://sean-the-electrofreak.blogspot.com/ Sean the Electrofreak

      Steve Jobs had a very personal grudge against Android (I guess he thought that the iPhone should be the only touch smartphone allowed on the market?!), and it looks like even with his death, it lives on.

      • Alex

        Funny cause HTC was making touch screen phones for a while before Apple….so did they steal from Apple before their product was even released or conceived?

        • http://www.focuszonedevelopment.com Homncruse

          Yes; Apple used its Time Machine software to steal software from HTC so they could claim they did it “first”. When Apple claims “it’s magic”, they really mean “it’s time travel”.

          • EmericanX

            Apple started its growth by stealing! Now they’re just upset because they have competition. I thought competition was a good thing? Well maybe not to a company that already over prices their products….

          • http://www.focuszonedevelopment.com Homncruse

            Competition is only “good” if it’s more like a “good boy, YOU’RE SO CUTE!” pat-on-the-head kind of competition.

    • LukeT32

      This whole thing is out of hand….

    • superusermode
    • Deter

      I still don’t understand how apple has the patents for things that were on smartphone before the iphone existed.

  • zyphbear

    I’m so glad that Apple is not winning all of the judgments and that Android can live on as good competition!

    Also, one of the best pictures to post with a story in a long while!

  • drauks

    They’ll probably won’t back down but it’s really nice to see the Android side win some rounds!

  • Craig Mogi

    Back down? Apple probably won’t, they know Android has allot of potential and they’re scared of it. They also know Android can’t compete as well if they can’t sell their devices there, so they’re taking the easy way out by claiming copyright/patient infringements and trying to get them banned.

  • Jay Rocha

    I hope that these court decisions will help other hardware and software makers develop the “marbles” to take Apple to court. I want to see Apple get knocked down a few pegs. Their products are not innovative and certainly not superior to Android devices. Let’s help liberate our friends and family that have been brainwashed by iOS. ;-)

    • Futureboy

      I am deeply entrenched on the side of Android, but I have to disagree with one part of your statement. I think most of us would agree that Apple products are, if nothing else, innovative. From Macintosh, to the ipod/iphone, to apple tv, to the ipad, if there is one thing Apple does right it’s innovate. They drop a new hot product, enjoy a brief period of exclusivity where the masses run out and buy their products because there is nothing else like it on the market. They are wildly popular at the time of initial product launches and I think they have let it go to their heads a bit, as clearly seen in their notes to Samsung on how to avoid patent infringement. They actually think they invented the rectangle.

      http://androidandme.com/2011/12/news/apple-provides-ridiculous-list-of-changes-samsung-can-make-to-avoid-legal-trouble/

      • WarDrake

        Actually… none of their products are innovative, Steve jobs said it best, A good company borrows, a great company steals, and in his mind Apple was a great company, every single innovative apple product can be traced back to some backwater small time company, that they stole it from.

        and without Steve Jobs to brainwash the masses (That was real, he was good very good at it), Apple has nothing left but to try to cling to the scraps of what it once was.

        • http://sean-the-electrofreak.blogspot.com/ Sean the Electrofreak

          …and the sad irony is that he used to say that Google stole from Apple when they launched Android.

  • ndub21

    Score one for Android! If Apple would quit sueing everyone and start innovating, then everyone could get on with their lives. I love how Apple toted their “new” notification system as innovative and “it changes everything” but they just directly copied off of Android. I get a good laugh everytime I think about it. The only annoying thing is that all the Apple lemmings believe everything they say. They probably think Apple came up with the swype down notification bar and that Android copied it. Dumb.

  • mothy

    Its about time Apple lost one of these considering this is all they do instead of trying to improve there own product.

    That and the picture is very nice!!!!

  • ArticulateFool

    Patents are holding this industry back.
    Originally they were invented to inspire inventors and reward them. Now, at least in the medical and electronics world, they are holding markets back and giving TONS of money to the legal system.

    • AppleFUD

      yep. . . no matter who wins all this BS we still need global patent reform–death to software patents and very stringent standards for design patents, like ever single thing must be there with a picture of the actual product and to infringe on the design you have to include at least 90% of the items. . . something like that to kill these vague “thin rectangular device with rounded corners” BS.

      The pathetic thing is, MS & Apple built their companies because there was NO software patents at the time–they weren’t allowed. Now they are stifling competition via software patents–they never would have been able to develop their companies if software patents were allowed pre 1970–neither company created anything new–they both stole most all of it.

    • http://www.desean.net desean

      Yes, Apple should just drop all the patent wars and really use their cash for R&D to further improve or create new products. This is how it should move forward.

  • jefflarkin

    So how much damage did Apple do to Samsung’s sales between the initial judgement and now?

  • Andy_jr

    Software patents are ridiculous. Mind you, I’m glad that the Android makers are fighting back! Maybe it will get someone’s attention when the latest iGadget gets held back by a lawsuit – that’s probably the only way to get the message across.

    BTW, does “method for performing a countdown function during a mobile-originated transfer for a packet radio system” sound like the “remaining time” estimator we’ve been looking at since (at least) the XModem protocol days in the ’80s – just with “packet radio” added to it? Even if the concept of software patents was reasonable, this sounds like the kind that should never have been granted.

  • fenixshaw

    As much as I hate this patent suing stuff… I’m glad to see its not all one-sided. Next someone needs to put Microsoft in their place.

    • WarDrake

      Barnes & Noble is doing that ^_^

    • Trinhbo

      In fairness to Microsoft, they aren’t blocking sales. The way they handle patent infringements is they work out a deal where manufacturers pay royalties for infringing patents. Microsoft is smart in not blocking sales and just rather take a piece of the pie. I’m not saying I like this practice but it’s smart from a business perspective.

  • nauriz

    stupid Apple. they make me sick.

  • Danerisms

    So does this mean that Germany will allow the sale of Samsung 10.1 tabs now?

    • WarDrake

      Gernamy has the 10.1N and Apple is already trying to get that one banned too…

  • nwilliam3

    These patent wars are so stupid. How much time and resources are being wasted on this BS that could be used to improve products and lower costs.

    World wide patent law is just not designed for the technology driven world we live in. Things need to start changing so that we can see some real competition and innovation in the market.

  • cxandroid

    I don’t think apple will back down easily. They may have great products and engineering, but the no longer have their visionary, they are now doing whatever they can to make profits.

  • breinhar

    The apple hatred is strong in the above patents. As an apple owner I do think their cut throat approach of not licensing but attempting to block sales is not good for the industry. At the same time, Motorola will be required to license to apple. The courts did find that what Motorola has does fall fall under the free and common licensing or what ever it’s called. They only found apple didn’t go far enough for a reasonable offer for it.

    When it comes to it it is obvious apple with being up its offer until the courts are satisfied because they can’t just stop using the 3G standard.

  • F4

    The patent system is so flawed and sadly at a point where nothing is going to be done.

  • http://www.jimtravis.com jimtravis

    Would like to see all these lawsuits go away, but it is nice to see Apple get a touch of its own medicine so to speak. Karma can sometimes be tough. ;-)

  • Fabio R

    patent wars will continue they have to feed somehow their zombie lawyer slave army

  • stenzor

    Introducing the iPatent. from Apple. The world’s vaguest patent. It could really be anything you want.

  • seven2k

    CHeaters always get caught

  • James Conley

    I hope they just stop all of these cases. I don’t want to lose mu precious HTC!

  • phssthpok

    IP law is so broken. That’s the real issue.

  • lufy0000

    Good……..Apple deserve it….that’s what you get for suing everyone with things like their product is being too “rectangular” and they are too “Thin”….If you make a product better than apple, you are infringing on their patents…lol

  • aranea

    +1 for all of Android fans. We’ll start seeing fanboys crying on the streets. :D

  • coolthecat

    Finally, now we hope apple will innovate and stop the nonsense

  • http://ilysespieces.tumblr.com Ilyse Rose

    Really glad these are coming back in favor of good competition.

  • EmericanX

    I sure hope they’ll back down… Apple only got as big as it is because of a stolen idea! Ask Xerox! lol…

  • tequilya

    Every time I read about these cases and the “patent warchests” required to survive in today’s market, I keep thinking of the 1983 film “Wargames”. I finally checked youtube so I could watch its most memorable scene again: http://www.youtube.com/watch?v=NHWjlCaIrQo (http://www.imdb.com/title/tt0086567/)

    For those without the time to watch the movie clip, here is the summary from the wiki (http://en.wikipedia.org/wiki/WarGames):
    ‘The computer concludes, having discovered the concept of Mutually Assured Destruction (“WINNER: NONE”), that nuclear warfare is “A strange game. The only winning move is not to play.”‘

    Let us hope that Apple suffering an injunction is their first step in the learning process that these battles only stifle industry and nobody wins.

  • Hall Lo

    The patent system is really mesed up, but good to know that Apple realize how bad suffering an injunction tastes and stop those stupid lawsuit things == (not likely tho…)

    • EmericanX

      I agree it is really messed up! It makes it worse when large companies exploit it to try to squash competition.

  • Martjn2

    More vanilla android phones to the people! And apple is beaten

  • dased14

    It’s about time that someone gave Apple a reality check,that they can’t keep pushing others around and not expect someone to push back. It would be great if they banned the sale of apple stuff for a bit.

  • charliethesuperturtle

    Ha apple I laugh at you
    Now you can’t sell your ipaqd 3g
    hahah

  • humidity

    Apple is a big bully…

    • http://genesischess.com/ MJM128

      A bully that might have to account for it’s actions.

  • ramenchef

    Maybe, just maybe, this will prompt some real patent reform. It’s gotten past the point of ridiculous a long time ago.

  • sylar

    Yea I would Like for apple to be on the defense for once even though I think most of these patents are rather stupid.

  • lokidokie

    Sanity prevails. Now that’s a headline!

  • Michael Ian

    About time! Apple is slowly destroying itself by taking on competitors through patent wars. In order for Apple to win, innovation is key. Apparently they no longer can do this and instead participated in dirty counter action. Pity.

  • pritams

    It all started by Devil(Read Steve) with an Apple…and you know who wins in the end…however I wonder where or who is the Eve here..O_o

  • Rob Schramm

    You would think now that Lord Jobs is dead Apple could start fresh and compete on the merits and innovation everything they stole. 10 countries and 20 lawsuits. If they are best… Cough. This would not be necessary. Go Google!

  • donger

    this could go on forever.

  • CactusCat

    And this just in… if this can make it to the Sammy and Moto lawyers, the case will almost be closed.

    http://www.osnews.com/story/25413/The_CrunchPad_is_Proof_the_iPad_was

  • DroidPower

    Have a look at this article, if it’s true that Apple and this “patent troll” are actually partnering up, then these ridiculous suits are far from over.

    http://techcrunch.com/2011/12/09/apple-made-a-deal-with-the-devil-no-worse-a-patent-troll/

    Source: techcrunch.

  • Victor Feitosa

    Either way, apple is the most creative company in the matter of bit**ing arround. So i think we should expect some strike back bitc**ng;

  • Samar

    Looks like the big ‘A’ bit its own tongue.

  • JestersInc

    It would be interesting to see if all patents were removed and companies had to compete purely on innovation they could bring to the market. Seriously a patent to countdown the time remaining on a download..

  • zippyioa

    I hope this makes Apple back off…. some of their ‘claims’ have been a not dubious. I think they see Android as a MAJOR threat to their income and will try anything to keep the upper hand!

  • seansin

    This patent wars on smartphone and tablets are getting out of hand…. a waste of resources and time.

  • Anthropic

    Apple is the new Microsoft, like the hot chick in school you thought was great but over the years turned into the neighbourhood crack whore sticking up Johns for their money because their assets only got worse over time.

  • Anthropic

    I love reading the difference between the way information is reported between actual news outlets vs sites like Apple Insider, the apple addicts who post there take a victory against apple like a terrorist attack on the empire.

  • Rob Vermeij

    Here in The Netherlands we have a saying: Wie de bal kaatst kan hem terug verwachten. It literally means, one who bounces the ball can expect it back. Or the more common English saying, what comes around, goes around :)

  • ToonPanda

    This whole thing is getting out of hand, but I’m very glad to see that Android is winning a few of the discussions in court!

    We NEED concurrence people, if the iPhone is the only smartphone available on the market tomorrow, they’ll sell it foor over a $1000…

  • https://plus.google.com/109600738460265587799/posts Lewis McGeary

    It will take something more than this to stop it. As long as they win more than they lose, the court cases will continue.

  • D7om

    good news 4 us .. bad news 4 apple

  • gherea

    I hope that these court decisions will help other hardware and software makers develop the “marbles” to take Apple to court

  1. KindroidGuest 3 years ago

    Apple will go down swinging….stupid…but that is how it is. For my part, couldn’t happen to a nicer punch of hypocrites. Now Microsoft/Balmer bend over and say…THANK YOU.

  2. I’m so glad that Apple is not winning all of the judgments and that Android can live on as good competition!

    Also, one of the best pictures to post with a story in a long while!

  3. They’ll probably won’t back down but it’s really nice to see the Android side win some rounds!

  4. Back down? Apple probably won’t, they know Android has allot of potential and they’re scared of it. They also know Android can’t compete as well if they can’t sell their devices there, so they’re taking the easy way out by claiming copyright/patient infringements and trying to get them banned.

  5. I hope that these court decisions will help other hardware and software makers develop the “marbles” to take Apple to court. I want to see Apple get knocked down a few pegs. Their products are not innovative and certainly not superior to Android devices. Let’s help liberate our friends and family that have been brainwashed by iOS. ;-)

    • I am deeply entrenched on the side of Android, but I have to disagree with one part of your statement. I think most of us would agree that Apple products are, if nothing else, innovative. From Macintosh, to the ipod/iphone, to apple tv, to the ipad, if there is one thing Apple does right it’s innovate. They drop a new hot product, enjoy a brief period of exclusivity where the masses run out and buy their products because there is nothing else like it on the market. They are wildly popular at the time of initial product launches and I think they have let it go to their heads a bit, as clearly seen in their notes to Samsung on how to avoid patent infringement. They actually think they invented the rectangle.

      http://androidandme.com/2011/12/news/apple-provides-ridiculous-list-of-changes-samsung-can-make-to-avoid-legal-trouble/

      • Actually… none of their products are innovative, Steve jobs said it best, A good company borrows, a great company steals, and in his mind Apple was a great company, every single innovative apple product can be traced back to some backwater small time company, that they stole it from.

        and without Steve Jobs to brainwash the masses (That was real, he was good very good at it), Apple has nothing left but to try to cling to the scraps of what it once was.

  6. Score one for Android! If Apple would quit sueing everyone and start innovating, then everyone could get on with their lives. I love how Apple toted their “new” notification system as innovative and “it changes everything” but they just directly copied off of Android. I get a good laugh everytime I think about it. The only annoying thing is that all the Apple lemmings believe everything they say. They probably think Apple came up with the swype down notification bar and that Android copied it. Dumb.

  7. Its about time Apple lost one of these considering this is all they do instead of trying to improve there own product.

    That and the picture is very nice!!!!

  8. Patents are holding this industry back.
    Originally they were invented to inspire inventors and reward them. Now, at least in the medical and electronics world, they are holding markets back and giving TONS of money to the legal system.

    • AppleFUDGuest 3 years ago

      yep. . . no matter who wins all this BS we still need global patent reform–death to software patents and very stringent standards for design patents, like ever single thing must be there with a picture of the actual product and to infringe on the design you have to include at least 90% of the items. . . something like that to kill these vague “thin rectangular device with rounded corners” BS.

      The pathetic thing is, MS & Apple built their companies because there was NO software patents at the time–they weren’t allowed. Now they are stifling competition via software patents–they never would have been able to develop their companies if software patents were allowed pre 1970–neither company created anything new–they both stole most all of it.

    • Yes, Apple should just drop all the patent wars and really use their cash for R&D to further improve or create new products. This is how it should move forward.

  9. So how much damage did Apple do to Samsung’s sales between the initial judgement and now?

  10. Software patents are ridiculous. Mind you, I’m glad that the Android makers are fighting back! Maybe it will get someone’s attention when the latest iGadget gets held back by a lawsuit – that’s probably the only way to get the message across.

    BTW, does “method for performing a countdown function during a mobile-originated transfer for a packet radio system” sound like the “remaining time” estimator we’ve been looking at since (at least) the XModem protocol days in the ’80s – just with “packet radio” added to it? Even if the concept of software patents was reasonable, this sounds like the kind that should never have been granted.

  11. As much as I hate this patent suing stuff… I’m glad to see its not all one-sided. Next someone needs to put Microsoft in their place.

    • Barnes & Noble is doing that ^_^

    • In fairness to Microsoft, they aren’t blocking sales. The way they handle patent infringements is they work out a deal where manufacturers pay royalties for infringing patents. Microsoft is smart in not blocking sales and just rather take a piece of the pie. I’m not saying I like this practice but it’s smart from a business perspective.

  12. naurizGuest 3 years ago

    stupid Apple. they make me sick.

  13. So does this mean that Germany will allow the sale of Samsung 10.1 tabs now?

  14. These patent wars are so stupid. How much time and resources are being wasted on this BS that could be used to improve products and lower costs.

    World wide patent law is just not designed for the technology driven world we live in. Things need to start changing so that we can see some real competition and innovation in the market.

  15. I don’t think apple will back down easily. They may have great products and engineering, but the no longer have their visionary, they are now doing whatever they can to make profits.

  16. The apple hatred is strong in the above patents. As an apple owner I do think their cut throat approach of not licensing but attempting to block sales is not good for the industry. At the same time, Motorola will be required to license to apple. The courts did find that what Motorola has does fall fall under the free and common licensing or what ever it’s called. They only found apple didn’t go far enough for a reasonable offer for it.

    When it comes to it it is obvious apple with being up its offer until the courts are satisfied because they can’t just stop using the 3G standard.

  17. The patent system is so flawed and sadly at a point where nothing is going to be done.

  18. Would like to see all these lawsuits go away, but it is nice to see Apple get a touch of its own medicine so to speak. Karma can sometimes be tough. ;-)

  19. patent wars will continue they have to feed somehow their zombie lawyer slave army

  20. Introducing the iPatent. from Apple. The world’s vaguest patent. It could really be anything you want.

  21. CHeaters always get caught

  22. I hope they just stop all of these cases. I don’t want to lose mu precious HTC!

  23. IP law is so broken. That’s the real issue.

  24. Good……..Apple deserve it….that’s what you get for suing everyone with things like their product is being too “rectangular” and they are too “Thin”….If you make a product better than apple, you are infringing on their patents…lol

  25. +1 for all of Android fans. We’ll start seeing fanboys crying on the streets. :D

  26. Finally, now we hope apple will innovate and stop the nonsense

  27. Really glad these are coming back in favor of good competition.

  28. I sure hope they’ll back down… Apple only got as big as it is because of a stolen idea! Ask Xerox! lol…

  29. Every time I read about these cases and the “patent warchests” required to survive in today’s market, I keep thinking of the 1983 film “Wargames”. I finally checked youtube so I could watch its most memorable scene again: http://www.youtube.com/watch?v=NHWjlCaIrQo (http://www.imdb.com/title/tt0086567/)

    For those without the time to watch the movie clip, here is the summary from the wiki (http://en.wikipedia.org/wiki/WarGames):
    ‘The computer concludes, having discovered the concept of Mutually Assured Destruction (“WINNER: NONE”), that nuclear warfare is “A strange game. The only winning move is not to play.”‘

    Let us hope that Apple suffering an injunction is their first step in the learning process that these battles only stifle industry and nobody wins.

  30. The patent system is really mesed up, but good to know that Apple realize how bad suffering an injunction tastes and stop those stupid lawsuit things == (not likely tho…)

  31. More vanilla android phones to the people! And apple is beaten

  32. It’s about time that someone gave Apple a reality check,that they can’t keep pushing others around and not expect someone to push back. It would be great if they banned the sale of apple stuff for a bit.

  33. Ha apple I laugh at you
    Now you can’t sell your ipaqd 3g
    hahah

  34. Apple is a big bully…

  35. Maybe, just maybe, this will prompt some real patent reform. It’s gotten past the point of ridiculous a long time ago.

  36. Yea I would Like for apple to be on the defense for once even though I think most of these patents are rather stupid.

  37. Sanity prevails. Now that’s a headline!

  38. About time! Apple is slowly destroying itself by taking on competitors through patent wars. In order for Apple to win, innovation is key. Apparently they no longer can do this and instead participated in dirty counter action. Pity.

  39. It all started by Devil(Read Steve) with an Apple…and you know who wins in the end…however I wonder where or who is the Eve here..O_o

  40. You would think now that Lord Jobs is dead Apple could start fresh and compete on the merits and innovation everything they stole. 10 countries and 20 lawsuits. If they are best… Cough. This would not be necessary. Go Google!

  41. this could go on forever.

  42. And this just in… if this can make it to the Sammy and Moto lawyers, the case will almost be closed.

    http://www.osnews.com/story/25413/The_CrunchPad_is_Proof_the_iPad_was

  43. Have a look at this article, if it’s true that Apple and this “patent troll” are actually partnering up, then these ridiculous suits are far from over.

    http://techcrunch.com/2011/12/09/apple-made-a-deal-with-the-devil-no-worse-a-patent-troll/

    Source: techcrunch.

  44. Either way, apple is the most creative company in the matter of bit**ing arround. So i think we should expect some strike back bitc**ng;

  45. Looks like the big ‘A’ bit its own tongue.

  46. It would be interesting to see if all patents were removed and companies had to compete purely on innovation they could bring to the market. Seriously a patent to countdown the time remaining on a download..

  47. I hope this makes Apple back off…. some of their ‘claims’ have been a not dubious. I think they see Android as a MAJOR threat to their income and will try anything to keep the upper hand!

  48. This patent wars on smartphone and tablets are getting out of hand…. a waste of resources and time.

  49. Apple is the new Microsoft, like the hot chick in school you thought was great but over the years turned into the neighbourhood crack whore sticking up Johns for their money because their assets only got worse over time.

  50. I love reading the difference between the way information is reported between actual news outlets vs sites like Apple Insider, the apple addicts who post there take a victory against apple like a terrorist attack on the empire.

  51. Here in The Netherlands we have a saying: Wie de bal kaatst kan hem terug verwachten. It literally means, one who bounces the ball can expect it back. Or the more common English saying, what comes around, goes around :)

  52. This whole thing is getting out of hand, but I’m very glad to see that Android is winning a few of the discussions in court!

    We NEED concurrence people, if the iPhone is the only smartphone available on the market tomorrow, they’ll sell it foor over a $1000…

  53. It will take something more than this to stop it. As long as they win more than they lose, the court cases will continue.

  54. good news 4 us .. bad news 4 apple

  55. I hope that these court decisions will help other hardware and software makers develop the “marbles” to take Apple to court