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Motorola must give Apple details about Android development, could pay Cupertino up to $15 per handset


Apple has won the right to peer deeper into Motorola’s Android development cycle than ever before, and certainly more than Google would like its biggest competitor to have. According to a US District Court judge in Illinois ruling on a case from 2010, Apple is entitled to view tenets of Android’s makeup because it alleges that Motorola has violated several patents by directly incorporating them into its version of Android.

Patent #5,566,377 (“method and apparatus for distributing events in an operating system”) from 1994, and #5,519,867 (“describes an object-oriented multitasking system”) from 1993 are in dispute, among others, and Apple claims that for Motorola “to remove or design around the claimed features would involve a substantial overhaul of the Android operating system, which would likely cost [them] tens (if not hundreds) of millions of dollars to implement,” and the amount of money Google paid “to acquire and develop the Android system” is directly proportionate to the damages Apple is seeking.

Considering Motorola Mobility is about to be purchased by Google in its entirety, Apple’s attorneys determined that “the Android/Motorola acquisition discovery is highly relevant to Apple’s claims and defenses,” and Google should be liable for Motorola’s wrongdoings in this patent dispute. The judge stated that both Google and Motorola must comply with Apple’s “liability discovery demands,” and as such must turn over relevant documentation that might impugn Motorola and therefore Google.

It is rumoured that Apple may be offering companies it is in litigation with, namely Motorola and Samsung, deals to license its patents for between $5 and $15 per handset sold. Likely because Apple can’t be expected to win every case it enters into, and also because they are being sued themselves by a number of Android manufacturers, a settlement is often the easier solution to a protracted litigation.

The case continues, and Motorola has counter-sued Apple for similar patent infringement. Back-to-back trials are expected to start on June 11th.

Source: Bloomberg, Ars Technica, Dow Jones Newswire

  • TouchMyBox

    Screw Apple.

    • JUST SAYING

      sooner Apple will ask every one have an android phone to pay a FEE because they did not buy the iPhone

      I still say Apple is a rip off company, with out Samsung or Motorola we wont see a big screen

      waiting to announce the bankruptcy

  • Rich

    Generally, all these major companies are bloodsuckers to me. They’re really just fighting over who can screw the consumer over harder.

    • Theywillbedead

      I’m starting a team to assassinate the bastard at apple who decides to do this crap. Who’s in?

  • Phyxius

    i lost respect for apple a long time ago and will never buy an apple product again, and their lawsuits still aren’t stopping trying to remove the competition. instead of innovating and making a better product they ship out the same crap with barely updating the hardware.

    i understand in playing fair, but these patents are WAY to vague and judges seem to be swayed to easily to judge

    • Sanjay

      reading these comments gave me hope again. apple has to be stopped. maybe we can save those who have been indoctrinated by this reaper

    • iamhere

      Innovation is great and all, but if you innovate and protect your innovations with patents, shouldn’t you expect to have the protection of the patent system?

  • Raptor Jesus

    F***ing ****!
    They will never see a CENT of my money ever!

    • L

      Check out the timeline before you say anything.
      Android Inc. was purchased by Google in 2005. The released was announced in 2007 with the first release of Android only one year after the first iPhone was released. Yes Apple released first, but both project were well on their way long before.

    • L

      ugh, replied to the wrong comment. I meant to reply to Nobka below.

  • James D

    Considering that Apple copied Android in many other respects in iOS5, they should just consider it a draw and move the frak on.

    • Nobka

      No disrespect to Android, but if it wasn’t for iOS, Android wouldn’t exist today. I remember when the first iPhone came out, there was nothing like it. Yes, we had smartphones like Nokias and etc and even some touchscreen phone but they sucked balls.

      The way I look at it, why should microsoft be entitled to get $15 per android handset, when they haven’t done s**t, but apple should get 0.

      Having said that, I hope android grows and prospers. I never wanna go back to the symbian age. NEVER.

    • d3v14n7

      @Nobka

      Android was in development since 2003… So even without iOS or the iPhone, Android would still be here today.

      By your logic, if it wasn’t for Motorola, the iPhone wouldn’t exist because Motorola invented the cell phone (along with many other standards and technologies), so I guess Apple owes Motorola at least half of their profit as well.

      Apple has copied more from other OEMs than all other OEMs put together. Everything Apple has was copied from someone else, period.

  • SAM

    DAN IT APPLE YOU GOT IT NOW!!!
    GO SEW YOURSELF AND YOU LOST!!!
    SAMMIE WINS AND YOU WILL LOSE!!!
    GO SAMMIE WE LOVE YOU SAMMIE AND YOU WIN AGAIN!!!
    OH SAMMIE!!!

  • SAM

    DAMN IT!
    I THINK I PEED MY PANTS FROM ALL THIS EXCITEMENT ONCE AGAIN!
    MOMMMYYYY!
    GIMME MY WONDY-UNDIES PLEEEAASSSEEE!!
    OHHH SAMMIE! OHHH OOOOOHHHHHH!

  • gogakhan

    Android can be copied because its open source. Here’s where the problem exists. Google can’t sue Apple, but Apple can. They have a WIN-WIN situation in their hands.

    Whenever I think of Apple I am reminded of Sauron from LoTR. Their products (rings) are so precious to people which essentially give you nothing more than make you Apple slaves. Note that even iTunes works best on Mac but is a piece of crap on Windows, let alone their hardware. And their actions by trying to eliminate the competition by suing and such makes the big picture seem more similar.

    Now I just wish that Google and the others (The Fellowship) could find a Frodo who would go and destroy Apple from within! :D

    • CADDMan

      Wow, a Lord of the Rings comparison. Do you get out of your Mom’s basement much?

      Back to the real world. If Google really had balls and wanted to protect their partners, they would have offered Patent Indemnification to anyone who decided to install Android on their hardware, just like what Microsoft does for anyone who installs Windows their OSs (PCs, Tablets, Phones, etc). This way anyone, such as Motorola, would not be burdened with lawsuits from the likes of Apple because the indemnification would protect them. However, because Google doesn’t want to do that and would rather protect their butts from that kind of headache, they’ve let everyone else fight for themselves.

      Google gets away with it because they hide behind the -We’re giving it away for free- defence while the hardware manufacturers are the ones actually charging customers.

      Personally, I believe Software Patents are completely unnecessary. You’re not supposed to be able to patent the ACT of doing something. You’re only supposed to be able to patent HOW one does something. The mouse trap is the perfect example. You can’t patent the act of catching a mouse, only HOW you catch the mouse. Software should only be protected via the COPYRIGHT act where how one’s code is written is protected. If someone writes completely different code, independent of the competing product, then they’re protected as the end result was obtained by way of a completely different method.

    • Nick

      I could be wrong about this, but even if something is open-source I believe it can be patented. In other words, if I invent something and publish the blueprints online and you go and start selling it, I do think I can sue you. You could make them and give them away for free, but it’s still my invention.

    • L

      What are you saying? What do you make of the fact that Google bought Motorola to protect Android? We’re talking about a lot of money spent to protect everyone using android.

      Unlike Microsoft Windows Phone, Android is free. You don’t need to pay to ship phones with Android on it.

  • kevinc

    Good. Hopefully, this is the end of the legal crap.
    The only substantive “winners” with all the lawsuits, was the lawyers.

    Settle, and then everyone can get on with making new products.

  • shaggyskunk

    wonder if the judge pays, for his apple products???
    just look at the state of the u. s. political process… is it any wonder about the ease with which decisions can be ” bought”??

  • Someguy

    Lol. Guilty!

  • Somebody

    I am not surprised, as lawsuit is happening in Chicago, which has strong history of corruption.
    And Apple wants to give their name to Android Development Secret’s, as ios6.

  • Guest

    I though only lawyers made millions, now ijudge is their partner too, and together make billions.

  • Ron Mexico

    Apple can suck pus, seriously, Apple steals from Android for iOS 5 but that is okay because Android is open source but steal an Apple patent (most of which they stole themselves) and you have to pay up. Apple is pure scum IMO. I’ll never buy an Apple product ever again. Bothers me that I ever did.

  • EmperumanV

    I wonder if Apple pays the judges at all.

  • Dalex

    Ok so then can apple stop putting out their pathetic devices now that they get money from Motorola? You won 15$/handset, so basically we don’t need your pathetic Iphones and Ipads.

  • Mike

    Next, Apple sues Gwyneth Paltrow for naming her daughter Apple.

    Then, Apple sues all apple farmers for growing fruit with the Apple name.

    After that, Apple sues everyone who takes a bite of an Apple to make the apple look like the Apple logo.

    • Mark

      I have heard that the “PEAR” is preparing a defense team now as well. They feel that “Apple” may try and go after them as they have a similar look but superior taste and do not want to be sued over lost sales for “Apple”. A counter suit may be in the works for “PEAR” but this is in the early stages and they may just ask for royalties instead. Stay tuned!!

    • Mark

      further more….. Doctors are getting into the fray as well as they have seen their patients dwindle as an “Apple” a day keep the doctor away!! Doctors seem to have a stronger case than expected and are looking for damages in the billions!!

  • AndroidForLife

    Everyone saying Apple copied Android and gets aways with it because Android is open source needs to give their heads a shake. You don’t know WTF you are talking about. Google and Moto and Sammy are patenting everything they can. If Apple copies those patents, then they will be sued. Simple. Right now, Motorola is throwing everything they can at Apple in lawsuits, but they are suing them over FRAND patents, so they probably won’t go far. I will never buy an Apple product and I hope they get what they deserve and die as a company, but some of you guys honestly some f’n retarded with your arguments. If Apple patented their software, they deserve the protection of the patent system. If they violate someone else’s patents, they deserve to be sued into the ground and to to lose. Brainless android fans are embarrassing. Some of you just need to stop posting.

    • jonny

      Apple (and other companies) have been granted patents that should never have been allowed.

      I agree that some things should be patented and enforced, but basic concepts, especially ones that Apple didnt even come up with, should not hinder the progression of technology.

      Apple is just a bully. Their products have always been one step behind. Yes, the first ipod was great, but it was also a rip off of Creative’s products. Creative just failed miserably at marketing. Apple had (has?) to pay Creative a fee for every ipod sold. I think it was like $5 per unit? I dont know if they still have to pay that.

    • Mike

      “Some of you just need to stop posting.”

      From a guy that posted

      “they deserve to be sued into the ground and to to lose” and

      “some of you guys honestly some f’n retarded with your arguments.”

    • Ron Mexico

      You are a clueless i***t, that is certain. Patents being applied by Samsung, and Motorola have nothing to do with the base of Android OS, they are patenting what they added to Android themselves. You can’t patent open source. Now go away and don’t ever post here again.

  • jonny

    I will never buy an Apple product again, which is a shame because I love my macbook pro. Its 4 years old now, and due to be replaced, but I wont give Apple another cent.

    • GO appl

      have fun with your sh!tty pc.

    • Sanjay

      Good man :)
      i too got rid of all my apple products after they started acting like assh***s and suing everyone

    • d3v14n7

      @GO appl

      This “sh*tty PC” destroys anything Apple has on the market, and costs just over half as much as the best Mac out there.

      Enjoy overpaying for your outdated garbage which can’t even run most of the good software out there without kernel panics and crappy performance… There’s a reason why OS X and iOS are easy to use, someone has to cater to all the ignorant id*ots, morons, halfwits and r*tards out there, who else would pay a premium for hugely inferior, outdated and mostly flawed products? Certainly not anyone who has even the most basic understanding of computers and smartphones.

      Apple preys on the ignorant id*ot of society with inflated prices on their shiny but outdated iCrap, and yet, you can’t even wait to throw your money into their hands for the latest and greatest steaming pile of iCrap. I bet if Apple sold dog poop with the Apple logo stamped on it that people would be lining up for WEEKS to get their hands on one like the good little sheep you are.

  • Guest

    $15 per headset =
    $5 for Apple + $5 for iLawyer + $5 for iJudge

  • Mike

    Muahahahah. Google just shot themselves in the foot.

    Apple ftw

  • Peter

    This is why I despise apple and I will never buy a Apple Product ever again. They first steal technology from everyone else, then they turn around and say the other company infringed on Patents, Lmao. Then they get a chance to look under all android technology so they can steal even more technology, scr@w Apple.

    • GO appl

      Just what did apple steal? IIRC apple changed the market with the first proper multitouch device ever released. Andriod has been a me too product since day one, and the only reason it ever had any traction was due to carrier independance, and a bunch of broke haters.

    • Nobka1

      @GO appl I couldn’t agree with you more. Before the iphone came out we only had symbian touch screens which were horrible! I think people get mad because they have many features they love and dont want to give them up.

      If you truly believe that it wasnt apple who invented the modern smartphone, please give the name a phone that was as great as android and ios when these operating systems came out.

      And if you say that apple has used other people’s technologies, then I take ur point, but if apple took other people’s technologies and incorporated it into ios why couldn’t google or microsoft do the same? It’s much easier when someone solves the puzzle for you

  • EddieWinslow

    As much as I hate apple and all this lawsuit business. People have already stated it. They are not the only ones doing this.

    Microsoft makes money off each HTC handset

    Samsung and Motorolla are both trying to sue Apple for patent infringement as well.

    Everyone is guilty for doing it, and the more popular one manufactor gets the more they are in the crosshairs of anyone else.

    • d3v14n7

      The difference is that Samsung, Motorola, HTC and others are DEFENDING themselves from Apple’s constant bullying… Before Apple got lawsuit happy, none of them were trying to sue Apple for anything and Motorola only sued Apple because Apple refused to pay licensing fees from the very beginning (which everyone else is paying)…

  • Terry

    I despise Apple, but this is why I despise corporations all together.

    They only care about their bottom line and will stop at no cost (the cost being the consumer) to maximize profits, stunt innovation, and kill any competition to stay on top.

    Corporations aren’t people, they are monsters, and the people at the top of these corporations lost whatever humanity they had in them when they signed on with these companies.

  • Rich

    the worst is that some of these patents are from like, ’94, long before it was even integrated or thought of being integrated into a mobile phone. Yet, apparently Apple has the clairvoyance to determine that such matters would exist in 2012.

  • Netguru

    Those guys in Cupertino must like fishing, ’cause this so-called discovery is nothing more than a fishing expedition. And since the discovery process works both ways in litigation, I can’t wait for Motorola’s lawyers to hit Apple with a discovery motion of their own.

  • Anonymous

    Lol it’s ABSOLUTELY LUDACRIS that people can sue over such a small thing
    “method and apparatus for distributing events in an operating system”

    What’s this patent for again? “delivering a notification in a virtual system?”

    ROFL. A COMMAND/CODE IS NOT INTELLECTUAL PROPERTY THE FUCKING WHOLE PACKAGE IS. Such f*****g joke. Billions spent over that s**t?

    • iamhere

      No, it was for ““method and apparatus for distributing events in an operating system”. If the _method and apparatus_ is copied, then it’s copied. If Motorola can prove the are using a different method, then they win. Think it’s a coincidence that Rubin was a low-level programmer at Apple, working on implementing exactly this functionality?

  • Eric

    This is just getting stupider and stupider! Think of how else these billions of dollars could be spent feeding people around the world…

    The courts allow this to happen… that’s all I have to say.

  • Domingo

    I’m surprised they’re not trying to collect on the apple I’m eating. On principle alone I won’t ever support these fascists ever again. I don’t care if I have to go back to my old Palm, They’re a vile out of control giant. The only thing more vile is the mindless zombies that blindly support them. Not even the use of child slave labour fazes their worshipers.

  • Alex

    Gooo Apple, make those bastards pay!

  • Somebody

    An Apple Tax for not buying Apple! SMH!

  • user

    Unfortunately Google’s hands are tied with their own motto “Don’t be evil”. They really need to up their evil level in order to fight with those who are pure evil, such as Apple and Facebook.

  • iamhere

    I can’t believe how many r*****s are on here thinking this has anything to do with the open source nature of Android.
    1) If Android is OOS, that doesn’t mean they are free to use patented property
    2) Please find one legitimate claim of Apple stealing anything that is part of the OSS components of Android. I’ll wait.
    3) Sammy and HTC and Motorola are suing Apple over patents they chose to submit as standards, meaning Apple is allowed to use then at non discriminatory licensing prices. Meaning, if you make it part of a standard, you can’t charge everyone else one price but charge Apple another, which is what they are arguing for.
    4) Apple’s patents might be bogus or may actually protect valuable IP. In either case, they have the patents, which means no one else can use the IP without Apple’s consent.

    This has nothing to do with open source. Wake the F up.

    Between paying MS and Apple, Android is going to cost these vendors a lot of money. They should have done better due diligence about just how Open it really was (*ahem Java). They already staving for profits, and this isn’t going to make it any easier. Almost feel sorry for them.

  • Al

    So Motorola needs to let Apple know if its android development, not Google, right? If so, that’s a smart move from Apple. It makes the buying of Motorola for a future Nexus phone/tablet less plausible. Since all Nexus product always has the latest Android software, Apple will know of hte improvement and rush an update coping all improvements before Motorola releases the phone.

    It then can announce how Android copied IOS. Gotta say, well thought out plan. But loses my respect.

  • Alex

    Patents are just a bullies form of copyright. There is no reason for software to be patented.

    That’s like me parenting “driving a car” or “shopping”.

  • Alex

    *patenting

  • Mr. Bill

    Kill all the lawyers, start over from scratch.

  • iSheep2.0

    I hate to break it to ya but money talks and bull s**t walks.Apple is know the richest company in the world with very deap pockets.Who has the gold makes the rules.This is a war as Steave Jobs sayed years ago and Apple has the best lawyers money can buy.I mean they took on Google and won.

  • Who dat

    Well said by a typical isheep – the only way apple gets it done

  • CommonSense

    Dear Android Community:
    This is what happens when you steal. Whether it is stealing Java from Sun/Oracle (and stupidly leaving internal emails admitting to it at the highest levels) or stealing patented IP from Apple or MS, if you do it, eventually someone is going to notice. Open Source Software does not mean “We can use anyone else’s property in it because it is free”. Welcome to the adult world. You lose. Apple is winning. Rant and rave all you want. You still lose.

    Have a great day.

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