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Motorola Mobility has raised five new prior art claims in itsdefense against Apple patents, using contributions from "numerousindividuals," claims that Apple has asked the court to strike"because they assert five new prior art references never beforeraised by Motorola in expert reports, invalidity contentions, ordiscovery responses." The disputes between Apple and Motorola are set to go to trial June11, a date set by US Circuit Judge Richard A. Posner as he awarded Apple the right to obtain more information about Google's Motorolaacquisition plans and the development of Android. In December, Judge Posner sought to make the trial manageable byasking Apple to " winnow " its claims against Motorola, leaving Apple unhappy aboutMotorola's new contribution of Supplemental Expert Reports, thelatest of which was filed last week. According to a report by Florian Mueller of FOSSPatents , Motorola argued that it wasn't holding back the prior art claimsfor a tactical advantage, but that it had only found out about theexamples of prior art based on contributions from the Androidcommunity. Crowdsourced legal claims "Much of the art Motorola has identified," the company told thejudge, "was discovered when Apple's allegations against Androidrecently came to light to the general public, and numerousindividuals in the relevant technical fields wrote about prior artinvalidating Apple's patents." Mueller noted, "this is the first time that I see a major player inthis industry -- a company that is in the process of being acquiredby Google -- formally tell a court of law about prior artcontributions from individuals." Two patents Motorola is challenging with the new prior art claimsare Apple's '949 touchscreen patent and its '647 Data Detectors patent. Against the '949 patent, Motorola's filing cited a Microsoft patentfor "scrolling web pages using direct interaction" and an secondrelated to gesture recognition, as well as an IBM patent "providinga two-dimensional position-sensitive scroll icon in a dataprocessing system user interface." Against the '647 patent, Motorola cites Borland Sidekick and aprogram named MHonArc for converting mail or news messages intoHTML archives. Samsung has made similar uses of chatroom and blogger arguments inits legal battles with Apple, picking up the argument of an Androidenthusiast who claimed Apple "misled the judge of a D seldorf court by filing flawedevidence of the similarity between the iPad 2 and Samsung's GalaxyTab 10.1 tablets based on an inaccurate picture," and referring tothe situation in a US court by saying Apple had "reportedly"doctored evidence. State of the prior art Mueller explained that "a prior art contention doesn't have tocover exactly what the challenged patent does. It could be closeenough to render the patent in question obvious, or it could bepart of a prior art combination over which the relevant patent maybe obvious." However, Mueller also noted that he regularly receives messagesthat mention "what people believe to be relevant prior art," adding"most of the time it's not." The report also stated, "I'm sorry to say so, but some of thosesubmitters are so clueless that they think anything that predatesthe launch of the iPhone is prior art against various Applepatents, though the data tapping patent actually has a prioritydate in the mid 1990s (it's a Macintosh patent, basically). Othersdon't look at what the patent claims say but simply base theirprior art theories on the titles or abstracts of those patents --another totally misguided approach." At the same time, Mueller added, "input from independentindividuals could make a difference because it's very hard, evenwith a huge budget, to identify prior art that predates some ofthose relatively old patents," after noting that Motorola itselfhad successfully asserted a pager patent against Apple's iCloud inGermany and is also using Apple over the same patent in the US. "It's very likely that there's some prior art out there somewherethat could be used to take that patent down, even though the patentis relatively old. Motorola is suing Apple over that patent in theUnited States, so any Apple users there who don't want to see pushemail disabled may want to volunteer prior art references," Muellerwrote. The e-commerce company in China offers quality products such as LED Wall Washer Lights Manufacturer , China T5 LED Tubes, and more. For more , please visit E26 LED Bulbs today!
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