Preliminary ITC Ruling: Motorola Not In Violation of Apple's Patents

SpuriousLogic writes with a preliminary ruling in the ITC case between Apple and Motorola. Quoting eWeek: "Motorola is celebrating an initial triumph over Apple, after a U.S. International Trade Commission administrative law judge issued an initial determination (PDF) finding that Motorola Mobility has not violated any of the three patents listed in an October 2010 lawsuit Apple filed against the Droid maker. ... The determination isn't the final say ... in March, the ruling will be reviewed by a six-member ITC panel that will announce the ultimate ruling. However, according to Zacks Equity Research, it's unusual for the ITC panel, which has the power to block device imports, to contradict a judge's determination."

Comments

ITC usually reject, but a ban isn't the only goal

[ciaran_o_riordan]

Almost all applications for an ITC import ban are rejected:

http://en.swpat.org/wiki/United_States_International_Trade_Commission

But that's not the point. For a number of weeks or months, there's a cloud hanging over the target company and investors don't know if a device will ever be on sale in the USA. It's serious FUD, for free.

An actual import ban would just be monopolist icing on the FUD cake.

Re:Mebbe Tim Kooks won't get the 378Million after

[Anonymous Coward]

Apple, unfortunately, escalated the patent cold war which turned them into a target for all other companies as pre-emptive defense.

Microsoft, despite its bluster, hasn't been willing to take an active role in suing other corporations, and is instead resorting to a less profitable extortion which keeps them in the black without dangerous risk. The companies they're dealing with also aren't willing to be the first to go into court about this and just pay off Microsoft.

Sure, Microsoft might be able to win in court for greater profits compared to their current extortion fees, but that also has the risk of backfiring as it did for Apple. Microsoft isn't willing to run the risk whereas Apple, in their arrogance, tried to prevent their competition from taking the field. And now Apple is paying for it.

I expect Apple to keep taking the hits for the next few years while Microsoft continues playing "nice" until a smaller company, with arrogant stupidity, decides to poke the sleeping lion. After which Microsoft will slaughter them and hang them out to dry before going back to playing nice with everybody else.

Of course, unless Microsoft actually creates something new enough to bring in the big bucks, they're going to slowly waste away while dragging everyone else down with them thanks to their chokehold on patents.