updated 02:14 pm EDT, Wed August 7, 2013
One patent removed from dispute
Apple has won an appeal in a patent lawsuit against Motorola Mobility, mostly overturning the International Trade Commission's dismissal ruling. The patent-infringement dispute is headed back to the ITC for another round of deliberation, though Apple declined to appeal its claims regarding on one of the three patents included in the initial suit, according to a report by patent analyst Florian Mueller.
The remaining patents include US Patent No. 7,663,607, describing a "multipoint touchscreen;" and US Patent No. 7,812,828, which focuses on an "ellipse fitting for multi-touch surfaces." The patent removed from the suit, US Patent No. 5,379,430, described an "object-oriented system locator system."
"Without a doubt, Samsung, which is represented by the same law firm against Apple as Motorola Mobility (Quinn Emanuel), has been watching this appeal with great concern, and will be very unhappy about today's decision," Mueller notes.
The US Court of Appeals decision is said to open the door for injunction rulings against Google's Motorola subsidiary, potentially extending to import bans, though Google has argued in a separate case that its new Moto X smartphone is immune to such restrictions because it is assembled in the US.
Despite the appeal ruling, the ITC is not immediately bound to rule in Apple's favor. The infringement claims must be upheld through further proceedings, leaving additional opportunities for Motorola to argue in its defense.