Motorola is trying to get a court to invalidate some of Apple’s mobile patents. Motorola Mobility, a subsidiary of the handset maker, is asking a judge to toss out a few of Apple’s patents which it has been using to sue other companies. In particular, Motorola points out that Apple is using these invalid patents in its infringement case against HTC.
In recent months, according to the lawsuit, Motorola had been engaged in negotiations with Apple in an attempt by the companies to license each other’s patents and avoid legal action. The negotiations appear to have gone sour, and now Motorola is stepping to Apple with three lawsuits and an International Trade Commission complaint for violating 18 of its patents.
Motorola Mobility considerately requests : Judgment be entered declaring that Motorola Mobility has not infringed, induced the infringement of, or contributed to the infringement of and is not infringing, inducing the infringement of, or contributing to the infringement of any valid, enforceable claim of any of the patents-in-suit; Judgment be entered declaring that one or more claims of each of the patents-in-suit is invalid; Judgment be entered finding that this is an exceptional case entitling Motorola Mobility to an award of its attorneys’ fees for bringing and prosecuting this action, together with interest, and costs of the action under 35 U.S.C. 285; and Judgment be entered awarding Motorola Mobility such other and further relief as this Court may deem just and proper.
The declaratory judgment Motorola is seeking is a typical action for a party that is potentially threatened with a lawsuit not yet filed.
