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Apple sues Motorola for touch-screen patent infringement

By Dwyer Arce

[JURIST] Apple [corporate website] filed two lawsuits [first complaint, PDF; second complaint, PDF] Friday against rival smartphone maker Motorola [corporate website] alleging that several of Motorola's products infringe six patents owned by Apple. The lawsuits, filed in the US District Court for the Western District of Wisconsin [official website] claim that the products violate federal law [35 USC § 271] because they utilize touch-screen technologies that have been patented by Apple. Apple is demanding the case be tried by a jury [FRCP 38(b)], is seeking a permanent injunction against Motorola's use of the patents and wants royalties for their past and future use. It is also seeking a judgment declaring Motorola's actions "willful and deliberate," entitling Apple to treble damages [35 USC § 284] and a finding that the case is "exceptional," entitling Apple to attorney fees [35 USC § 285].

Smartphone makers have pursued several lawsuits and other legal remedies against one another in recent months alleging patent infringement. Last week, digital security company Gemalto [corporate website] filed suit against HTC [JURIST report], Samsung Electronics, Motorola and Google based on the use and sale of the Android operating system and the Dalvik Virtual Machine, which Gemalto claims infringe on a patent held by the company. In June, the US International Trade Commission (ITC) [official website] launched an investigation [JURIST report] into allegations of patent infringement in Apple's portable electronic devices. In March, Apple filed a patent infringement lawsuit against HTC [JURIST report] alleging that the rival smartphone maker infringed on 10 of its patents related to touch-screen interfaces.

Full post as published by JURIST - The Paper Chase on October 31, 2010 (boomark / email).