Apple vs. Motorola, is has been going on in the U.S. for a while now, but Judge Richard Posner has upheld the majority of a patent central to the case this week. Judge Posner mostly agreed with Apple's interpretation of its touchscreen heuristics patent, limiting complaints mostly to the lack of specificity for certain gestures.
Motorola countered with arguments to invalidate the patent, but were unpersuasive, including an odd insistence that a patent construction claim was only valid at a 27-degree angle of touch that had only been used as an example. Judge Posner wrote:
I reject Motorola's argument (this is the third time they've made it and the third time I reject it) that the structure must be limited to the 27-degree angle used as an example by the specification.
This decision will most likely see Motorola violating the patent. Motorola will most likely be found infringing and face the threats of damages and product bans for some of its Android-based devices. Apple hold the patent until 2028, which could mean more problems down the road for other touchscreen-based smart devices.