The U.S. trade agency International Trade Commission (ITC) has revoked its decision at first instance in the case against Motorola Mobility in Apple parts. Late last week, the Commission ruled that Apple is not the phone manufacturer infringed three patents. Among them is a property right , in which a judge had previously found a violation.
Thus, Motorola’s ITC complaint is not yet completely failed. A fourth patent has remanded the Commission to the competent administration Judge Thomas Pender. It describes a sensor, which determines how close a user holding a mobile device to his head. The judge has the judgment (PDF ) According to now check the validity of the patent and the potential violation again.
The re-evaluation may, according to the working of as Oracle patent blogger Florian Mueller take a year or longer. Then had the “Initital Determiniation” said judge’s ruling again be confirmed by the full committee.
“Motorola was one of the first developers of mobile phones, and much of Apple’s success is based on our fundamental work on,” said a Motorola spokesperson, the decision of the ITC. “We are considering our options as we continue to push a patent peace.”
Motorola had made the complaint against Apple with the ITC in 2010 and sued the iPhone maker even in a federal court. Apple countered with its own complaint with the ITC and countercharges.In civil proceedings, the trial will begin on 5 November.
A quick end to the patent dispute between the two companies is not in sight. In the past week Motorola had aggravated the confrontation with a second ITC complaint in which it is to achieve a ban on iPad, iPhone, iPod Touch and some Macs.