Apple’s storming $1 billion patent verdict over Korean rival Samsung may well have dominated the main headline over the weekend, but the Californian company also scored a significant victory against Motorola Mobility in a case that could have blocked sales of its popular iPhone device.
The threat of a potential injunction against Apple subsided on Friday, as Apple’s lawyers from New York-based Weil secured a decision from the International Trade Commission that Apple products did not infringe three wireless communications patents owned by Illinois-based Motorola Mobility – a Google subsidiary.

Import ban

The Am Law Daily reports the commission declined to rule on a fourth patent, remanding the case for further review by the ITC judge overseeing the case, Thomas Pender. The decision reverses a four-month old ruling by Judge Pender, which found Apple had infringed one of the patents and recommended an import ban.

Motorola originally instructed Washington DC-based Steptoe & Johnson and Los Angles firm Quinn Emanuel Urquhart & Sullivan to bring the case in October 2010. A month later, Motorola also brought a separate case against Microsoft regarding the same patents, this time instructing Steptoe and Boston firm Ropes & Gray.

Early innovator

In the latest ruling, a full ITC panel of six judges found that Judge Pender erred in interpreting some claims in Motorola’s patents. The agency also found no induced or direct infringement and concluded that Motorola failed to show there is a ‘domestic industry’ for the fair, reasonable, and non-discriminatory patent, as required by ITC law.
Motorola commented: ‘Motorola was one of the early mobile phone innovators, and much of Apple’s success builds on our foundational work. We’re considering our options as we continue to push for patent peace.’
Steptoe partner Charless Schill, representing Motorola, and Weil’s Mark Davis, representing Apple, are yet to comment.