A big turn of events was seen this past Wednesday, August 7th when according to a report from Foss Patents Florian Muller, the ITC decision which dismissed the patent infringement lawsuit filed against Motorola by Apple was overturned by the US Court of Appeals. The two information technology giants have been wrangling in court and their tussle has led to some alarming decisions and consequences.
The ITC decision has been reversed in part and vacated in part, and remanded to the U.S. trade agency for further proceedings with respect to two Apple multi-touch patents that have been asserted and could be reasserted anytime against Samsung:
U.S. Patent No. 7,663,607 on a “multipoint touchscreen”, and
U.S. Patent No. 7,812,828 on an “ellipse fitting for multi-touch surfaces”.
The decision that was declared this Wednesday would give Apple another chance to win an import ban in the U.S that would certainly jolt the Android market and its strong hold. Google’s Android-based device makers are certainly looking at damage control.
Apple has definitely had a lucky week and the second time around they have been able to get rid of the original ITC decision. This came after Monday’s decision taken by the Obama administration when they decided to overrule the decision of the ITC to ban imports of specific older iPhone and iPad models amongst other products. This was another infringement case which iPhone was involved in, only this time, the rival was another giant that has major economic shares in the global phone and technology market, Samsung.
Back in March, the ITC dismissed Apple’s original patent infringement case involving three patents, but as a result of wednesday’s decision, the US trade agency will be forced to hear Apple’s claims. The ruling that came this Wednesday was rather sudden but the main reason outlined by one of the judges when he affiliated Apples multitouch work was masterful creativity and innovation.
“The asserted patent in this case is an invention that has propelled not just technology, but also dramatically altered how humans across the globe interact and communicate,” Federal Circuit Judge Jimmie Reyna said in a separate opinion from the majority (via AllthingsD). “It marks true innovation.”
Motorola seems frustrated after the ruling was declared which was not a shocker but a statmetn from its representative states that they have decided to take the high road and he seems hopeful that the final result will come out in the benefit of the company. “Today’s decision paves the way for the ITC to find that Apple’s remaining claims are invalid and that our products don’t infringe,” a Motorola representative said in a statement. “Meanwhile, we’ll stay focused on delivering great new phones that people love.”
Source: iPhone in Canada
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