http://arstechnica.com/apple/2012/09/motorola-asks-itc-to-ban-every-mac-ipad-and-most-iphones/

The International Trade Commission voted yesterday to investigate Apple for
patent infringement
allegations launched by the Google-owned Motorola Mobility. As expected,
Motorola is asking for
import bans on just about every iOS device, including iPhones, iPods, and
iPads. What might be
surprising is that Motorola is also asking for a ban on every type of Mac
OS X computer, claiming
Apple's iMessage technology infringes a Motorola patent.
On the whole, Motorola names seven patents, all of which are allegedly
infringed upon by some
or all of these iOS devices: the iPod Touch, iPhone 3GS, iPhone 4, iPhone
4S, and all three
generations of the iPad. Presumably, the iPhone 5 would have been included
had the complaint
been filed a bit later.
According to Motorola, one of the seven patents is infringed upon by every
Mac computer,
specifically the Mac Pro, iMac, Mac mini, MacBook Pro, and MacBook Air.
This patent, filed for in
2001 and issued in 2006, covers a " System for providing continuity between
messaging clients
and method therefor."
In an exhibit attached to the complaint ( PDF ), Motorola explains that
Apple's iMessage client for
iOS and Mac OS X violates a claim in that patent covering "A plurality of
messaging clients within
a messaging communication system for providing continuity between the
plurality of messaging
clients comprising: a first messaging client, for establishing a first
communication connection
including a plurality of client data with a message server; and a second
messaging client for
receiving the plurality of client data from the first messaging client and
for establishing a second
communication connection including the plurality of client data with the
message server."
Motorola focuses on how iMessage provides a common messaging client between
iOS and Mac
OS X devices, with users being able to "start a messaging conversation on
an OS X Mountain Lion
device such as a MacBook Air, and continue the conversation on another
device running the
'iMessage' messaging client on iOS 5 software, such as an iPhone 4S."
Using the MacBook Air as a representative product for all Mac OS X devices,
Motorola notes that
iMessage on the MacBook Air "establishes a first communication connection
via WiFi or LAN or
otherwise resulting in the exchange of data (text, photos or videos) with
Apple's message server."
Further, Motorola states that "the iMessage messaging client on the iPhone
4S can establish a
second communication (e.g. The new iPad or MacBook Air being the first
communication
connection) via WiFi or 3G that results in the receipt of data from Apple's
message server."
Motorola's complaint was filed in mid-August and made public this week with
the ITC
announcement that it will open an investigation into "certain Apple
iPhones, iPods, iPads, and
Apple personal computers." The ITC "has not yet made any decision on the
merits of the case,"
the commission said.
In addition to the patent we've just covered, Motorola alleges
infringements by iOS on patents
covering "Geographic-temporal significant messaging "; " Markup language
for interactive services
and methods thereof"; " Apparatus, method and system for multimedia control
and
communication"; " Apparatus and method for handling dispatching messages
for various
applications of a communication device"; "Method and apparatus for
obtaining and managing
wirelessly communicated content"; and a "System and method for managing
content between
devices in various domains ."
Motorola asks for a "permanent exclusion order directed to products
manufactured by
Respondent... excluding entry into the United States of wireless
communications devices,
portable music and data processing devices, computers, and components
thereof that infringe
one or more claims" of the seven named patents. Motorola also seeks a cease
and desist order
preventing any advertisement, distribution, or sale of iOS and Mac products
imported into the
US.
In addition to alleging infringement, Motorola says banning all Macs and
most iOS devices won't
have much impact on US consumers. "With so many participants in the highly
competitive
Wireless communication, portable music, and computer market, it is unlikely
that consumers
would experience much of an impact if the requested exclusion orders were
obtained," Motorola
wrote. "Even if the exclusion order caused an increase in the price of
wireless communications
devices, portable music and data processing devices, computers, and
components thereof—an
unlikely event—a price increase alone is insufficient to warrant preclusion
of a remedial order."
While Motorola has typically used standards-essential patents in its
lawsuits, the patents at issue
in this one aren't tied to any industry standards.
Apple and Motorola have been flinging patent lawsuits at each other all
over the globe, but
almost entirely focusing on smartphones and tablets. With Apple having won
a huge victory
against Android vendor Samsung, Google is going on the offensive with its
newly acquired
subsidiary, Motorola. It seems unlikely that Motorola would be able to get
an import ban on
nearly all iOS devices and all Mac computers, but it's nothing if not a
bold and interesting move.

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