The United States International Trade Commission on Friday issued a prliminary ruling stating that Motorola Mobility smartphones do not infringe three Apple patents. “It is held that no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile devices and related software by reason of infringement of one or more of Claims 1, 2, 10, 11, 24-26, and 29 U.S. Patent No. 7,812,828 (“the ‘828 Patent”), claims 1-7 and 10 of U.S. Patent No. 7,663,607 (“the ‘607 Patent”), and claims 1, 3, and 5 ofthe U.S. Patent No. 5,379,430 (“the ‘430 Patent”),” the ITC said in its ruling. Apple filed a formal complaint against Motorola in October 2010 alleging that its Android smartphones infringe multiple Apple-owned patents, and it asked the Commission to ban the import and sale of the infringing devices.
UPDATE: Motorola’s comments on the ITC judgement follow below.
Motorola Mobility Comments on Initial Determination from ITC
ALJ determines that Motorola Mobility does not violate Apple’s patents
LIBERTYVILLE, Ill. – Jan. 13, 2012 – Motorola Mobility Holdings, Inc. (NYSE: MMI) (“Motorola Mobility”) today announced that it has received notice that the Administrative Law Judge (“ALJ”) in the U.S. International Trade Commission (“ITC”) action brought by Apple (NASDAQ: AAPL) against Motorola Mobility has issued an initial determination. The ALJ ruled in favor of Motorola Mobility, finding no violation for any of the three Apple patents listed in Apple’s suit.
“We are pleased with today’s favorable outcome for Motorola Mobility,” said Scott Offer, senior vice president and general counsel of Motorola Mobility. “Motorola Mobility has worked hard over the years to develop technology and build an industry-leading intellectual property portfolio. We are proud to leverage this broad and deep portfolio to create differentiated innovations that enhance the user experience.”