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Apple sues Motorola for touch-screen patent infringement

Apple [corporate website] filed two lawsuits [first complaint, PDF; second complaint, PDF] Friday against rival smartphone maker Motorola [corporate website] alleging that several of Motorola's products infringe six patents owned by Apple. The lawsuits, filed in the US District Court for the Western District of Wisconsin [official website] claim that the products violate federal law [35 USC § 271] because they utilize touch-screen technologies that have been patented by Apple. Apple is demanding the case be tried by a jury [FRCP 38(b)], is seeking a permanent injunction against Motorola's use of the patents and wants royalties for their past and future use. It is also seeking a judgment declaring Motorola's actions "willful and deliberate," entitling Apple to treble damages [35 USC § 284] and a finding that the case is "exceptional," entitling Apple to attorney fees [35 USC § 285].

Smartphone makers have pursued several lawsuits and other legal remedies against one another in recent months alleging patent infringement. Last week, digital security company Gemalto [corporate website] filed suit against HTC [JURIST report], Samsung Electronics, Motorola and Google based on the use and sale of the Android operating system and the Dalvik Virtual Machine, which Gemalto claims infringe on a patent held by the company. In June, the US International Trade Commission (ITC) [official website] launched an investigation [JURIST report] into allegations of patent infringement in Apple's portable electronic devices. In March, Apple filed a patent infringement lawsuit against HTC [JURIST report] alleging that the rival smartphone maker infringed on 10 of its patents related to touch-screen interfaces.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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