Posts Tagged: "ipad"

As I learn more about my new mobile business tools, I am amazed at how much I can do with them to enhance my business. According to Apple there are over 50,000 apps available for download on the iPhone alone. In fact, we often play a game in our family that I like to call, “Is there an app for that?” We have found some seriously odd applications. But with all of the apps that are available, how can you determine which apps are most suitable for you and your business? Following is a guide to some of my favorite and some of the more popular non-industry specific iPhone, iPad and iPod applications that you can use to keep up with your Social Media no matter where you go.

On Wednesday, October 6, 2010, Motorola, Inc. announced that its subsidiary, Motorola Mobility, Inc., filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s iPhone, iPad, iTouch and certain Mac computers infringe Motorola patents. Motorola Mobility also filed concurrent patent infringement complaints against Apple (NASDAQ: AAPL) in the Northern District of Illinois (see complaint 1:10-cv-06381 and complaint 1:10-cv-06385) and the Southern District of Florida (see complaint 1:10-cv-23580-UU). The complaints filed in the two federal district courts do little other than identify the patents owned by Motorola that are believed to be infringed by Apple, specifically identifying the following Apple products that might be infringed: Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPad, the Apple iPad with 3G, each generation of the Apple iPod Touch, the Apple MacBook, the Apple MacBook Pro, the Apple MacBook Air, the Apple iMac, the Apple Mac mini and the Apple Mac Pro. This type of naked patent infringement complaint has become the standard and seems to directly contradict the requirements set forth by the Supreme Court in Bell Atlantic Corp. v. Twombly, which required the recitation of specific facts and prohibited mere speculation.

Earlier this week Apple, Inc. had three patent application publish on what most would consider strange, overbroad and/or dubious inventions. The patents largely follow the same formula, the drawings are remarkably similar, and all relate back to provisional patents filed at the end of January 2009. Many will ridicule these patent applications, and given that obviousness is now about common sense thanks to the Supreme Court’s decision in KSR v. Teleflex I think rightly so. I find it hard to believe that there would not be prior art located that dates back to before January 2009 that will present massive difficulties for Apple.

The latest Apple complaint continues to allege direct infringement of Apple patents, this time four separate patents. The complaint also alleges indirect infringement; specifically contributory infringement and inducement to infringe. The patent asserted by Apple are US Patent No. 7,282,453 (Count I); US Patent No. 7,657,849 (Count II); US Patent No. 6,282,646 (Count III) and US Patent No. 7,380,116 (Count IV). The ‘453 patent and the ‘849 patent were both asserted previously by Apple (see what I have previously referred to as the second complaint filed March 2, 2010). It appears as if they are added here due to recently issued Certificates of Correction. The ‘646 patent and the ‘116 patent were not previously asserted in either of the two complaints filed March 2, 2010 in the District of Delaware.

There is more than meets the eye to Nokia selecting the Western District of Wisconsin. According to a study done by Stanford Law Professor Mark Lemley, the average patent litigation is resolved in .56 years, just over 6 months, in the Western District of Wisconsin, which ranks first in terms of time to resolution for patent infringement actions. The Western District of Wisconsin also ranks first in terms of average time to trial, with the average being .67 years, or just 9 months to trial in patent infringement actions. Also, 7.4% of cases proceed to trial, which ranks third.