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Judge Richard Posner has issued an order upholding some of Apple'spatent claims against Motorola Mobility that one analysis believeswill likely result in a finding of infringement on Motorola's part. Patent expert Florian Mueller of Foss Patents reported on Saturday that the order is for a touchscreen heuristics patent ('949), oneof the "killer patents" that Apple is leveraging in an attempt toget a legal "hole in one" against its competitors. Thus far, Apple has won a handful of legal victories on minorpatents, but the '949 patent has "the best prospects ofsinglehandedly securing victory for Apple," according to Mueller.Both Motorola and Samsung will offer their defenses against it attrials in June. The patent in question outlines Apple's work on interpreting humantouchscreen input by accounting for inherent imprecision. Forinstance, since users don't draw perfectly straight lines,touchscreen devices need a level of tolerance to understand theinput accurately. Judge Posner responded on Thursday to supplemental claimconstruction briefs related to the patent from both Apple andMotorola. Mueller interpreted the order to be "a clear win forApple over Motorola (and Android in general)." Though he did notethat jury trials come with "considerable uncertainty," he viewedPosner's conclusions as making it "realistically" unavoidable forMotorola to avoid a finding of infringement. "Motorola ill have to come up with some really good invalidityarguments if it wants to avoid a disaster," Mueller wrote, addingthat the company will at least have an opportunity to appeal anydecision to the Federal Circuit. The report went on to examine which gestures Posner had foundvalid. The judge sided with Apple on its methods for interpretingvertical and diagonal or horizontal and diagonal swipes. He foundthat the patent hadn't clearly described the difference betweenhorizontal scrolling and swiping, while upholding a claim totapping on the margin of a screen as a gesture to move to the nextitem. Posner also upheld Apple's claims for scrolling within asection of a display using additional fingers, but he did notaffirm a second claim to a distinction on whether the gestureoccurred within the region. Mueller viewed Posner as having "expressed some annoyance" at oneof Motorola's arguments. The handset maker had argued that anexample of a 27-degree angle in Apple's patent meant that thepatent was only limited to that angle. After reading the patent,Mueller himself believes that the 27-degree angle is "clearlyidentified" as just an example. "I reject Motorola's argument (this is the third time they've madeit and the third time I reject it) that the structure must belimited to the 27-degree angle used as an example by thespecification," Posner wrote. Apple and Motorola have been locked in a complex legal dispute overtheir respective intellectual property rights since 2010. Bothcompanies have recently won small victories in the form ofinjunctions ( 1 , 2 ) against each other in Germany. Earlier this month, the ITC cleared Motorola of allegations that it had infringed on three of Apple's patents. Even as the lawsuits between the two companies continue, Google ismaking plans to finalize its $12.5 billion purchase of Motorola.The European Commission and the U.S. Department of Justice have both approved the acquisition. We are high quality suppliers, our products such as Adjustable Hospital Beds , China Foldable Wheelchair for oversee buyer. To know more, please visits Sports Wheel Chair.
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