Google’s Motorola Mobility has withdrawn its second ITC complaint against Apple. It’s an unexpected development.
“The simplest explanation for a motion like the above would be a global settlement deal between the parties. But dismissals in such situation are usually with prejudice,” writes Florian Mueller of “FOSS Patents” (www.fosspatents.com). “Also, note the passage [in Motorola Mobility’s filing] saying that ‘there are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation.’ The ITC has strict requirements that settlements must be disclosed to it in full detail. The ITC requires parties to make truthful representations in that regard.”
All this is part of an ongoing battle between the two companies. Apple has previously alleged that Motorola infringes 24 of its patents (21 of them with Android-based phones, the remaining three with set-top boxes and DVRs), while Motorola previously asserted 18 patents against a variety of Apple products (mostly but not exclusively iPhone, iPad and iPod). Litigation between the two companies has taken place in several different federal courts.
In November 2010 Apple sued Motorola, alleging that the company’s smartphone lineup and the operating software it uses infringe on the iPhone-maker’s intellectual property. The two lawsuits came after Motorola sued Apple in October 2010 for patent infringement. Motorola claims that Apple’s iPhone, iPad, iPod touch and certain Mac computers infringe Motorola patents.