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Microsoft joins Apple in FRAND patent fight with Motorola Mobility
Legal battles can sometimes make strange bedfellows. Microsoft announced today that they've filed an antitrust suit against Motorola Mobility in the European Union charging that the company (which is being purchased by Google) is abusing the standard-essential patents that it owns. Apple also filed a complaint a few days ago on the same topic -- that Motorola Mobility is attempting to illegally block sales of others company's products by leveraging patents that should be offered with Fair, Reasonable, And Non-Descriminatory (FRAND) licensing. Standard-essential patents are patents held by companies like Motorola Mobility that become part of industry standards like Wi-Fi (IEEE 802.11n, for example) and the H.264/MPEG-4 AVC standard. Since they're part of industry standards, companies are obligated to use the patented intellectual property in creating their products. If the patent owner attempts to coerce companies to either stop using technology that is part of a standard or to pay exorbitant licensing fees, lawsuits like those filed by Apple and Microsoft are the result. Dave Heiner, vice-president and deputy general counsel for Microsoft's Corporate Standards and Antitrust Group, was quoted as saying that "Motorola has broken its promise. Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." Florian Mueller, patent expert at FOSS Patents, believes that Microsoft joining Apple with a lawsuit against Motorola Mobility will improve the odds that the European Commission will investigate Motorola's alleged abuses of FRAND patents in Europe.
Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices
Early last week, the European Commission gave Google its blessing regarding the purchase of Motorola Mobility. But the honeymoon has been anything but relaxing for the search giant and its latest power-play acquisition, after Apple filed an antitrust complaint, claiming a breach of the company's FRAND obligations. Now Microsoft is waiving the antitrust flag as well, claiming that the company is reportedly abusing its standard-essential patents, impeding fair access to patents that are fundamental to regular device function -- this time dealing with video streaming and wireless connectivity. Microsoft Deputy General Counsel Dave Heiner has posted an appeal to the company's TechNet blog, outlining the issue and explaining that "Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," further claiming that "Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." The key issue at hand is patent pricing -- Microsoft claims that Motorola is demanding an impossibly high royalty of $22.50 for a $1,000 laptop, and that only covers fees for H.264 licensing. It's no secret that Motorola's patent portfolio was a key component of Google's acquisition, and so far it doesn't appear that the company is making any suggestion that Motorola ease up on licensing fees. As always, we'll be keeping an eye on the process, but hit up the source link below for the full scoop from MS.
Apple asks EU regulators to step in on Motorola patent dispute
Apple already asked the European Telecommunications Standards Institute for more transparency on FRAND licensing, and now it's seeking a full-blown intervention. Motorola Mobility claims it received a letter on Friday from the European Commission advising there has been a complaint against it from Apple. The letter also stated that Cupertino wants the Commission to enforce the firm's standards-essential patents that breach agreed FRAND commitments. This latest development comes just one day after a German court awarded Apple an injunction against Motorola's implementation of slide-to-unlock on smartphones, as well as an ongoing saga of similar disputes with the firm. It's also just days after the European Commission approved Google's acquisition of the handset maker, based on beliefs that it "does not itself raise competition issues."
US Dept. of Justice approves Apple's purchases of Nortel, Novell patents
Yesterday, the U.S. Department of Justice Antitrust Division closed its investigations into three major acquisitions that were pending, opening the door to completion of these acquisitions by the companies involved. For Apple, the acquisition of patents from Nortel Networks Corporation and Novell Inc has been green lighted, clearing the way for the company to finalize the purchase of intellectual property. Apple, Microsoft, RIM and some other players had joined together as "Rockstar Bidco" to acquire patents at the June 2011 Nortel bankruptcy auction. Nortel had a portfolio of approximately 6,000 patents and patent applications, including many "standard essential patents" that the new owners will be able to license to other "industry participants." What makes standard essential patents so valuable is that they become part of industry standards (e.g., 3G, 4G, Wi-Fi) and must be licensed by manufacturers who wish to create compatible devices. Apple is also acquiring patents that were formerly owned by Novell and were acquired on behalf of Apple, Oracle, and EMC Corporation in April of 2011. It doesn't appear that Apple will be able to pull in license fees for these patents, as Novell had committed to cross-license the patents on a royalty-free basis for use in the "Linux system." A third part of the DOJ announcement could affect Apple indirectly. The DOJ has now cleared the way for Google to acquire Motorola Mobility, which not only manufactures smartphones and tablets but also holds a portfolio of "approximately 17,000 issued patents and 6,800 (patent) applications." Once again, there are hundreds of "standard essential patents" that Google will be able to license to other companies.
US gives its blessing to Google's Moto purchase
When it rains, it pours. Just hours after European regulators gave the green light to Google to snatch up Motorola Mobility, the US Justice Department gave the couple its own blessing. The $12.5 billion purchase has drawn serious scrutiny from both regulators and Big G's own partners, though, consensus seems to be that Mountain View is more interested in Moto's patents than in entering the hardware business. Though the Justice Department doesn't see the merger as an immediate threat to competition, it did issue a stern warning that it "will not hesitate to take appropriate enforcement action to stop any anticompetitive use of SEP (standard essential patent) rights." The concern is an understandable one since all the major players in the mobile space, Motorola included, have been at each other's legal throats for some time now. There are still a few more interested parties who will have to give their own consent to the combination including China, Israel and Taiwan. But, with two of the biggest potential blockades giving Google the thumbs up, it's looking more and more likely that the purchase will go through.
Apple sues Motorola over Qualcomm license, makes us dream of a world without lawyers
There are literally no words (at least no family-friendly ones) to describe the insanity that is the ongoing legal war between practically every player in the mobile scene. You can't lay the blame entirely at Cupertino's stoop either -- Motorola, HTC and Samsung all deserve plenty of our ire as well. The tablet and smartphone industry appears to be trying to sue itself out of existence, and Apple's filing today against Motorola Mobility in the US District Court of Southern California is just latest in a long line of legal ploys likely to inspire you to slam your head against a wall. The purveyors of all things "i" has accused Moto of breaching a licensing contract with Qualcomm when Moto hit Apple with four patent claims in Germany. That license covers wireless technology Qualcomm uses in its MDM6610 chip, and also purportedly covers Qualcomm's customers who purchase and use said chips. Naturally, that bit of silicon is a component in the iPhone 4S, so Apple argues that it's safe under the terms of the contract. Furthermore, Cupertino claims Motorola is barred from suing under the doctrine of exhaustion -- which is a legal defense that once a patented item is sold (i.e. when Moto licensed its technology to Qualcomm), the patentee's control over that item is exhausted and it can't sue anyone else for infringement.So, this new suit filed in San Diego seeks to prevent Motorola from enforcing its claims in Deutschland. It also aims to keep Motorola from suing Apple for its use of Qualcomm components incorporating licensed Moto technology anywhere else. Confused? We won't lie, we are a little bit too, but all is revealed in the complaint found at the source link below.
German court has dismissed Motorola's patent lawsuit against Apple
In the slugfest between Apple and Motorola Mobility, the Cupertino company has won a round in the German courts. A judge in the Mannheim Regional Court dismissed the Motorola Mobility (MMI) lawsuit against Apple over a patent considered essential to the 3G/UMTS standard. In a typically well-written and extremely detailed look at the case by FOSS Patents, intellectual property analyst and blogger Florian Mueller noted that MMI didn't present conclusive evidence for its contention that Apple was infringing on a key 3G/UMTS patent. MMI's argument has been that "any implementation of 3G/UMTS must inevitably infringe this patent claim," rather than demonstrating that Apple's infringing products actually use the invention. MMI didn't show that Apple was using any actual implementation of the patent; instead, they argued on the basis of the specifications of the standard. MMI declared the patent to be essential, while the court found it to not be essential, meaning that the judge thinks that Apple could be able to implement the standard without infringing on the patent. MMI isn't worrying too much about this specific patent lawsuit, though. They have other similar lawsuits that are still making their way through the court system, and have won other patent claims. Mueller notes that "it takes only one bullet to kill," and that winning a key patent infringement lawsuit could still force Apple and other manufacturers to pay the 2.25% of net selling price "ransom" that will fatten MMI owner Google's pockets over time. To see more detail about today's win and the complex set of lawsuits that are churning through courtrooms around the world, check out the original FOSS Patents post here.
Motorola Mobility brings RAZR to Land of the Rising Sun
Motorola Mobility has announced its intentions to bring the super-thin RAZR smartphone to the shores of Japan. The handset will look very similar to the device released here in the states -- 1.2GHz dual-core processor, 4.3-inch Super AMOLED display, 1GB of RAM, an eight megapixel shooter with 1080p video capture and 32GB of storage -- only minus the LTE radio and Droid branding. The handset will be available in "shadow black" or "glacier white" and land on KDDI's network at an undisclosed date for an undisclosed price. The full press release awaits your scrutiny after the break.
Motorola estimates 10.5 million devices shipped in Q4 2011, over half smartphones
We'll need to wait for the company's earnings later this month for the final numbers, but Motorola has now provided some preliminary results for the fourth quarter of 2011 that indicate smartphones accounted for more than fifty percent of all the mobiles devices it shipped. Specifically, Motorola estimates that it shipped a total of 10.5 million devices in the quarter, 5.3 million of which are smartphones (there's no further breakdown beyond that). That's up from 4.8 million smartphones in the previous quarter, although the number of total mobile devices slipped from 11.6 million. The company also says it expects "modest profitability" with estimated sales of $3.4 billion for the quarter, and it reaffirmed that it expects Google's $12.5 billion acquisition to close in "early 2012" if all goes as planned. Head on past the break for the press release.
White Droid RAZR available now on Verizon for $299 on contract
Black is always the new black -- some things never change. But if you're in need of a handset to match-up with the oncoming winter tableau, a little Droid'll do ya. Verizon's white-framed, branding mash-up -- the Droid RAZR -- is available today in-stores and online for the same $299 on contract price as its austere sibling. So, you can fork over the cash to flash this awkwardly-angled device or, y'know, just hurry up and place an order for the Galaxy Nexus. Get'em while they're white hot!
Motorola wins injunction against Apple Sales International in German patent dispute (update: Apple appeals)
After issuing a default judgment against Apple last month, Germany's Mannheim Regional Court has now granted a "preliminarily enforceable" injunction against Ireland-based Apple Sales International, on the grounds that its products may violate some of Motorola Mobility's patents. At issue is Motorola's European Patent 1010336 (B1), which covers a "method for performing a countdown function during a mobile-originated transfer for a packet radio system." According to Foss Patents, the court's injunction encompasses the iPhone (3G, 3GS and 4), iPad 3G and iPad2 3G. The ruling also states that Apple can avoid the injunction if it removes the patent-infringing elements from its devices, though it's more likely that Cupertino will appeal to the Karlsruhe Higher Regional Court, in the hopes of obtaining a stay. We've already reached out to Apple for comment, and will update this post as soon as we get more information. Update: And as expected, Apple intends to appeal the ruling which, if enforced, would only apply to future shipments. So grab that existing stock while you can.
White Droid RAZR, Xyboard 10.1 and 8.2 tablets to hit Verizon stores this month
Verizon has confirmed that it will begin selling a "flashy new white" version of the Droid RAZR just in time to make an appearance under the tree, with a pair of Xboard tablets shipping this month as well. The Xyboard (Xoom 2) will be available in five flavors -- the 10.1-incher will come in 16GB, 32GB and 64GB capacities for $530, $630 and $730, respectively, while the 8.2-inch model will ship with 16GB of storage for $430, or 32 gigs for $530. All models require a two-year customer agreement, and include a stylus in the box. And Verizon will help soften the damage if you opt for a complete Droid makeover -- customers who pick up both a $300 RAZR and one of five Honeycomb Xboards will be eligible for a $100 discount when buying the phone with a two-year contract. Thinking about picking up an ICS-ready Droid? Jump past the break for the full feature rundown from VZW.
Verizon lights one candle for LTE, confirms Xyboard Droid tablet name, December launch
Today marks one full year after Verizon first flipped the switch on LTE, with 365 days of 4G speeds for customers in 39 markets. By the end of next week, Big Red will light up a few more cities, bringing the total number to 190, with access available to more than 200 million Americans. Buried below the PR cake, however, is an even juicer tidbit -- two "hot new Xyboard Droid tablets from Motorola coming out this month." And what might those be? Well, if this weekend's accessory leak is any indication, the Xoom 2 is headed to VZW -- before the year is out. And we're not surprised to see the Galaxy Nexus getting some love as well, though you'll have to make due with a "coming soon" release commitment for at least a short while longer. Jump past the break for the PR.
Droid Xyboard accessories arrive at Verizon, can't hide from Mr. Blurrycam
If you've had any doubts regarding the likelihood Motorola Mobility's Xoom 2 LTE tablets arriving at Verizon under the Droid Xyboard moniker, Mr. Blurrycam would like you to have a gander at the picture above. Following the 8.2 and 10.1-inch variants being handled by CNET last week, and soon after caught passing through the FCC, a trio of snapshots have now been posted over at Droid-Life of what's said to be some the device's optional accessories. Among the lot, you'll find a Smart Cover-esque Protective Portfolio for the 8.2-incher, two versions of an HD dock, and lastly, set screen films for the 10.1-inch version. While there's still no definitive word on price or availability, it certainly appears like a formal reveal of the slates will be zooming in imminently. Hit the source link below for all the details.
Verizon purportedly readying new LTE tablets, Xyboard gets namedropped
Are there two Droid tablets on Verizon's horizon? It certainly seems like it, now that CNET has outed the Motorola Mobility Droid Xyboard. According to the news outlet, Verizon is gearing up to release two different versions of the 4G LTE-equipped tablet -- an eight-inch model and a ten-incher, both slated for launch later this month. Motorola declined to provide details on the devices, and Verizon stopped short of spilling the beans on pricing and availability, though it did provide the following statement: "As we've previously mentioned, we're planning to bring several new LTE devices to market including two tablets. We haven't made any official announcements in the U.S. but we look forward to sharing more details soon." CNET, meanwhile, apparently managed to get its hands on the two slates (pictured above), reporting that both carry a 1.2GHz CPU, 1GB of RAM and a five-megapixel camera, along with a 1.3 megapixel front-facing shooter. They're also coated in Corning Gorilla Glass and CNET, in the absence of quantitative specs, reports that both are "thinner than a AAA battery and lighter than a paperback book." The stylus-equipped ten-inch version is reportedly geared toward the enterprise market, whereas its little brother is described as more media-friendly, presumably with the consumer market in mind. That's about all we know at this point, though be sure to check out CNET's coverage below for more images and insight.
Motorola XT928 coming to China Telecom next month for 'demanding customers'
Motorola bestowed an early-week treat upon the Chinese market today, with the XT928 -- a nominal RAZR relative and ostensible addition to the Droid X line that we spotted earlier this month. Powered by a 1.2GHz dual-core processor, this Android 2.3 device boasts a 4.5-inch, 1280 x 720 HD display, supports 1080p HD playback and features a 13 megapixel rear-facing camera, along with a 1.3 megapixel shooter up front. The dual-mode, dual-standby handset is also coated in Corning Gorilla Glass to guard against nasty scratches and comes packed with 1GB of RAM. The XT928 will be available in China this December at an unspecified price, though there's no word yet on if or when it'll hit the US. For more details, head past the break for the full PR.
Motorola Mobility stockholders happy with Google merger, 9 out of 10 dentists agree
The people have spoken, and they're pleased. Said people, of course, are Motorola Mobility's shareholders, who have given a seal of overwhelming approval to the company's merger with Google. The company confirmed this sentiment in a statement issued yesterday, declaring that a full 99 percent of shareholders gave a thumbs up to Big G's acquisition at a recent meeting that comprised 74 percent of all outstanding shares. It's likely that much of this optimism was fueled by a rosier Q3 earnings report (not to mention the relatively favorable conditions upon which the acquisition was determined), but Googorola isn't entirely out of the woods, as the federal government must still give the deal its final approval. Motorola Mobility says that should happen by early next year, though it acknowledges the potential for delay. Read the full statement, after the break.
Switched On: Motorola's manic modularity
Each week Ross Rubin contributes Switched On, a column about consumer technology. When newly independent Motorola Mobility introduced its Atrix handset on AT&T at CES, the smartphone was generally well-received. But what drew more attention was the range of accessories that the company has continued to support through other high-end launches such as those of the Photon on Sprint and the Droid Bionic on Verizon. These products now include a car dock for navigation, HDMI dock for entertainment, and lapdock for enhanced productivity. Motorola wasn't the first company to introduce an HDMI dock, and Asus' Padfone embeds a handset more directly into another device than do Motorola's products. Taken together, though, the Motorola dock derby best positions the handset as the heart of a mobile lifestyle -- one that can be easily transplanted so that it can overcome the limitations of its native form factor. It is a fitting push for one of the few smartphone companies not vested in other traditional electronic devices such as PCs or televisions.
German court grants injunction against Apple for infringement of Motorola patents (update: Apple responds)
Motorola just confirmed that earlier today, the Mannheim District Court in Germany granted a default judgment in its case against Apple that bars the sale of Apple products in Deutschland. In addition to the confirmation, Motorola also issued the following, rather unrevealing statement: "As media and mobility continue to converge, Motorola Mobility's patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry."The ruling comes as a role reversal of sorts for Apple, which most recently received a pair of injunctions in Germany, banning the sale of the Samsung Galaxy Tab 10.1 in that country, along with the rather embarrassing removal of the Tab 7.7 from the show floor at IFA. According to FOSS Patents this is a default judgment, meaning Apple did not respond to Moto's filing and as a result got hit with the injunction, which could result in its products being pulled or the company being required to pay damages. And so the saga continues... Dust off the pocket translator and hit up the source link for the full ruling in German.Update: We just got the following statement from Apple regarding the ruling: "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time."So, it appears our iDevice-loving German friends have nothing to worry about, at least for now.Update (11/7): FOSSPatents has posted a second update accessing the procedural rules, how they (might) affect this case and whether or not Apple has anything to worry about. If you can't get enough FRAND and Zivilprozessordnung news you can read through it -- we'll just hang on until the courts make another decision or someone's products actually get pulled from shelves.
Motorola Mobility to drop 800 jobs
Motorola Mobility has issued a regulatory filing outlining the loss of 800 jobs. The cut will cost the handset manufacturer $31 million -- that number includes $27 million in severance and $4 million to close locations. The reason for the cuts? Bloomberg suggests that it's part of an attempt to lower costs, as the company readies itself to join the Google family -- a decision Motorola's board will vote on in the middle of next month. This news follows last week's earnings report, in which the mobile company reported a $32 million net loss -- not the greatest financial report, sure, but a marked improvement over the prior quarter's $56 million loss.
