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Motorola Sues Apple for Violating Patents in iPhone


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With Google's blessing, Motorola is targeting Apple's iPhone in a patent lawsuit.

Another day means another act in the ever-growing, non-stop patent lawsuit circus. Motorola has decided to do battle with Apple in court-- this time concerning the iPhone 4s and (by some extension) Apple's iCloud service. Motorola claims that Apple violates six of its mobile patents are with the iPhone 4s. Among them are patents for "having a concealed external antenna" and "apparatus for controlling utilization of software added to a portable communication device".

Motorola filed these claims against Apple only after receiving approval from Google. One of the clauses in Google's (pending) acquisition of Motorola Mobility states that the cell phone manufacturer cannot engage in patent lawsuits without Google's prior approval. Motorola originally wanted to attach these claims to a lawsuit it filed back in 2010, but was unable to because that legislation was already too far along.

Apple has gone after Android handset makers left and right in patent disputes, going so far as to winning a lawsuit against HTC that will prevent the smartphone maker from selling its phones in the United States, effective later this year. Thus far Apple has not directly attacked Google in any of its patent suits, choosing instead to focus on device manufacturers, in what amounts to a patent proxy war.

Motorola's lawsuit against Apple could potentially lead to a ban of the iPhone and iCloud service in the United States, though it's possible that Motorola and Apple could come to a settlement. We'll have to wait and see how the case plays out in court.

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Google seems to have given its blessing for Motorola to forge ahead with a patent infringement lawsuit against Apple.

Motorola Mobility, which is set to become part of Google, has alleged Apple infringed six patents with its Iphone 4S. The patents include one which is entitled "Receiver having concealed external antenna", something that could describe pretty much every mobile phone on sale today.

Apple and Motorola have had prior legal clashes with the two firms already locked in a bitter patent battle that is set to reach trial later this year. Motorola had initially tried to get patent claims against the latest Iphone 4S added to that lawsuit, however the judge rejected that, offering Motorola the chance to file another lawsuit. At this point it is not clear if, or when, those latest claims will end up in court.

According to patents gadfly Florian Mueller, Motorola's actions must have had Google's blessing due to the merger agreement signed by the two firms. Mueller cited that the agreement does not allow Motorola to "assert any Intellectual Property Right in any new Action" without Google's permission.

Google's thumbs up to Motorola is the surest sign yet that Apple and Google will eventually end up fighting each other rather than using handset makers as their pawns.

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