FTC slams Motorola’s attempts to ban iPhone, iPad

By , Dec 5, 2012

The FTC filed what’s called an amicus brief with the US Federal Circuit Court of Appeals this afternoon, arguing that Google-owned Motorola’s attempts to ban the sale of the iPhone, iPad and other Apple products in the US for allegedly infringing on its patents was ‘inappropriate.’

The Commission feels that since Motorola has already licensed the patents in question under fair, reasonable and nondiscriminatory (FRAND) terms, it had no right to seek an injunction against Apple’s products that supposedly violated them, without offering similar licensing terms…

Here’s an excerpt from the FTC’s press release (via TPM), which helps explains the above-mentioned brief:

“The brief addresses this issue in the context of patent infringement claims that Motorola, Inc. has filed against Apple, Inc. regarding technologies used in iPhones and iPads that allegedly are covered by Motorola’s SEPs.  It concludes that a district court correctly applied the governing legal principles when it dismissed Motorola’s request for an injunction that could have blocked Apple from selling iPhones and iPads in the United States.”

The decision the FTC’s referring to here was that of US Circuit Judge Richard A. Posner to throw out a Apple v. Motorola lawsuit back in June. Interestingly enough, if he hadn’t intervened, the case would have gone to trial, pitting Apple against Google in the courtroom for the first time.

In the lawsuit, Motorola pressed a claim that Apple’s iPhone and iPad infringed on one of its cellular technology patents. The company, who has been making cell phones for 30+ years, owns a host of cellular-related patents, though many of them have been declared standard-essential.

And because they are standard-essential, the FTC agrees with Posner’s decision to not allow Motorola to seek a product injunction on Apple’s products. It, instead, believes that the company should license the patents to Apple under FRAND terms, as it has done for others in the past.

Essentially, the FTC is accusing Motorola of patent abuse, and this isn’t the first time it’s been brought up. Earlier this year, both Apple and Microsoft filed complaints with the European Commission against Motorola over FRAND abuse. Yes, it actually tried to block Xbox sales.

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  • https://twitter.com/MrElectrifyer MrElectrifyer

    Lol, patent abuse? The patent system is already broken!

    Because Crapple payed them more money for proprietary patents, it’s considered fair in the case of Crapple who does the same thing, AND has a policy in place that prohibits competition. Fukn greedy douche bags.

    • Lordthree

      Ban this guy already

      • Darius

        I concur.

      • https://twitter.com/MrElectrifyer MrElectrifyer

        For what itard reason? Cause I don’t follow Crapple’s behind so religiously and I do my thinking myself?

      • Lordthree

        Cause your a tard who comes to Apple blogs and thinks they’re clever by screaming ‘crapple crapple crapple!’

      • https://twitter.com/MrElectrifyer MrElectrifyer

        So you’re now calling iDownload blog an iTards Only blog (where the truth about Apple’s greed is forbidden)?

        Why so butt hurt. Is your last name, or your father’s/grandfather’s name Apple? Or are you just another iSheep bah bahing outloud whenever you come across the truth about your herd owner?

      • Lordthree

        I could easily defeat you with original, funny insults and not the same sorry bullshit that you’re regurgitating BUT that would be lowering myself to your pissant level. Why see the blog degrade to isheep!/freetard! bullshit?
        This is why you you should simply be banned. You’re not raising any valid, unique, or reasonable opinions. Your just trolling. Eat shit and die.

      • https://twitter.com/MrElectrifyer MrElectrifyer

        Original in what sense? Like your herd owner who steals stuff from several locations, puts it together and claims it to be totally their idea?

        Sorry in what way? Never feel sorry for idiots, they require some torture in order to get some common sense through their thick skulls.

        You believe you have a higher status than your herd of iTards when you do the exact same thing as them? No surprise there, as “thinking for youself” seems to be a pissant level act in that herd of yours.

        Lol, because it’s a comment against your herd master’s greed, it implies that it’s not valid, unique nor reasonable? Makes a lot of iTard sense indeed.

        Go stick your head up Tim Cocks a$$ since you’re just gonna keep following Apple’s behind so religiously and can’t afford to think for yourself.