Apple Sues Motorola: A Look at the Complaints

 |  Includes: AAPL, GOOG
by: Larry Dignan

Apple (NASDAQ:AAPL) has sued Motorola (MOT) over multi-touch patents in two separate lawsuits.

The complaints, first reported by Patently Apple, were filed Oct. 29 and cover six patents. In the first complaint, the main document is only 9 pages, but one exhibit—patent 7,479,949—is broken into two parts and weighs in at a whopping 362 pages. Motorola on Oct. 6 sued Apple for patent infringement.

In a nutshell, Apple is suing Motorola over its smartphone portfolio including the Droid, Droid 2, Droid X, Cliq, Cliq XT, BackFlip, Devour A555, Devour i1, and Charm.

The primary patent is 7,479,949, which covers touchscreen device, method and interface. Other patents in the Apple lawsuit include 6,493,002 and 5,838,315.

In its first complaint, Apple said:

Motorola directly infringes and/or will infringe the ’949 patent by making, using, selling, offering for sale, and importing the mobile devices and related software practicing the claimed inventions of the ’949 patent. Moreover, Motorola is aware of the ’949 patent, at least because Motorola was provided with a copy of this Complaint upon its filing. Motorola indirectly infringes the ’949 patent by knowingly inducing the infringement of these patents by end users of its mobile devices. Further, on information and belief, Motorola contributes to the infringement of the ’949 patent because Motorola knows that its mobile devices are made for use in infringement and are not staple articles of commerce suitable for substantial non-infringing use.

The second complaint is very similar, but covers patents 7,812,828, 7,663,607 and 5,379,430.

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