Litigation

Motorola Mobility, Inc. v. Apple, Inc.

closed

1:10-cv-23580

Filed
2010-10-06

Patents at issue (1)

Defendants (1)

Summary

Patent infringement action brought by Motorola Mobility, Inc. against Apple, Inc. in the Southern District of Florida. The docket is linked to the US 6,463,534 family litigation, although the narrative notes it could not independently confirm that the patent was specifically named in the asserted patent list.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

I'll research this case and verify the details against accessible sources.

Now let me verify the specific patent and its assertion history.

Let me verify the patent's technical content, its assertion history, and how the case ended.

Case overview and background

Parties. This is an operating-company-versus-operating-company case, not an NPE/PAE assertion. Plaintiff Motorola Mobility, Inc. was the mobile-devices subsidiary carved out of Motorola, Inc. (Libertyville, Illinois), spun off as a public company in January 2011 and acquired by Google in May 2012; the patents were formally assigned from Motorola, Inc. to Motorola Mobility on July 31, 2010 — a fact Apple pleaded in its counterclaims (Apple Amended Counterclaims ¶¶ 154, 164, 174, D.E. 276, https://cases.justia.com/federal/district-courts/florida/flsdce/1:2010cv23580/[366290/276](https://assignmentcenter.uspto.gov/search/patent/reelFrameDetail?reelFrame=366290-0276)/5.pdf). Defendant Apple Inc. is the Cupertino, California hardware/services company. Both sides are large practicing entities with complementary device portfolios: the suit was filed on October 6, 2010, the same day Motorola filed ITC Complaint 337-TA-745, and alongside two Northern District of Illinois complaints that Motorola voluntarily dismissed on November 9, 2010 and re-asserted as counterclaims in Apple's Western District of Wisconsin actions (Motorola Mobility 10-Q, July 2011, pp. 44–45, http://files.shareholder.com/downloads/ABEA-58XVPR/1389179096x0x487292/1172b7a2-4e0e-4bf8-b7d3-04eda3eeeb30/MMI_10Q_Q2_pdf.pdf). The Florida case was Motorola's "non-standard-essential" track, distinct from the FRAND/SEP disputes litigated in Wisconsin, Delaware and the ITC.

Accused technology and the patent. The patent the case metadata identifies, U.S. Patent No. 6,463,534, "Secure wireless electronic-commerce system with wireless network domain," was filed March 26, 1999, issued October 8, 2002, and names Robert L. Geiger, Jyh-Han Lin and Rajiv Mehta (RPX Insight, https://insight.rpxcorp.com/patent/[US6463534B1](/patent/US6463534B1); Google Patents, https://patents.google.com/patent/US6463534). In one line: it claims a method of over-the-air provisioning in which a wireless operator's root public key certificate is pre-loaded in the handset, an "attribute authority" presents a dependent digital certificate, the device verifies that authority up the chain to the operator root, and the authority then delivers and "enables" an attribute — software code, a service, a right/permission or other content — over the wireless network (claim 1; see https://patents.justia.com/patent/6463534). Motorola's infringement theory mapped the "attribute authority" to Apple's App Store and iTunes storefronts and the accused products to "iOS and OSX devices," including iPhone, iPad, iPod Touch generations, Macs and Apple TV — i.e., that Apple's certificate-hierarchy-verified, over-the-air delivery and activation of apps and content practiced the 1999 claim (Motorola

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

I'll research the docket chronology, rulings, and disposition, with particular attention to how the '534 patent entered the case and what happened to the consolidated Florida actions.

Now let me nail down the specific docket events: venue motion, Markman, summary judgment, and final dismissal.

Key facts are emerging. Let me pin down the venue order date, the final dismissal, any Markman/summary judgment rulings, and whether the '534 patent was ever subject to PTAB review.

Key legal developments and outcome — Motorola Mobility, Inc. v. Apple, Inc., No. 1:10-cv-23580 (S.D. Fla.), and the consolidated No. 1:12-cv-20271

Bottom line up front. This case never reached trial, never produced a claim construction ruling, and never produced any merits adjudication of U.S. Patent No. 6,463,534. The 2010 action was administratively closed and folded into a 2012 companion case, which was narrowed by a 2013 partial-dismissal stipulation and then ended in the May 16, 2014 global Apple–Google/Motorola settlement that dismissed "all the current lawsuits that exist directly between the two companies" (Reuters, 2014-05-16, https://www.reuters.com/article/2014/05/16/us-apple-google-settlement-idUSBREA4F0S020140516). There is no verdict, no damages award, no injunction, and no appellate decision specific to this docket.


I. Filing and initial pleadings (2010–2011)

Date Event Source
2010-10-06 Motorola Mobility files Complaint (D.E. 1) against Apple in S.D. Fla., captioned 1:10-cv-23580-UU (Judge Ursula Ungaro). The complaint asserts the '987, '119, '006, '737, '531 and '161 patents — not the '534. D.E. 1; D.E. 85 opinion reciting the six asserted patents, https://law.justia.com/cases/federal/district-courts/florida/flsdce/1:2010cv23580/[366290](/patent/366290)/85/
2010-11-18 Apple files Answer, Affirmative Defenses and Counterclaims (D.E. 17), asserting its own patents against Motorola handsets — the counterclaim set that ultimately included the '849 (slide-to-unlock), '646, '116, '560, '509 and '456 patents. D.E. 17, described in Apple's Motion to Transfer ("On November 18, 2010, Apple answered Motorola's complaint in this action and asserted infringement of additional patents via counterclaims. D.E. No. 17"), https://cases.justia.com/federal/district-courts/florida/flsdce/1:2010cv23580/366290/37/0.pdf; Apple's Markman brief, D.E. 125, https://cases.justia.com/federal/district-courts/florida/flsdce/1:2010cv23580/[366290/125](https://assignmentcenter.uspto.gov/search/patent/reelFrameDetail?reelFrame=366290-0125)/1.pdf
2011-01 (D.E. 37; prior sections give 2011-01-12) Apple's Motion to Transfer Venue under 28 U.S.C. § 1404(a) to the W.D. Wis., or in the alternative to dismiss for forum non conveniens, supported by the Cherensky Declaration (D.E. 38). Apple argued that six overlapping suits in four fora — including the two N.D. Ill. complaints Motorola voluntarily dismissed on 2010-11-09 — should be consolidated in Wisconsin. D.E. 37, 38, https://cases.justia.com/federal/district-courts/florida/flsdce/1:2010cv23580/366290/37/0.pdf
2011 (D.E. 85) Transfer DENIED. Judge Ungaro held that although "there seems to be some overlap in technology and infringing products," consolidation in Wisconsin would not produce efficiency gains, because transfer "would force that court to contend with an unwork

In the news

What the press has reported about this case, summarized with links to the source articles.

I'll verify the listed articles and search for coverage specifically about this litigation.

Now let me verify each of the listed recent articles to see whether any actually discuss this litigation.

Press coverage of Motorola Mobility v. Apple (S.D. Fla. No. 1:10-cv-23580)

A note on the article list first. I was able to run only a limited number of searches and could not verify that any of the ten "recent articles" in the index actually discusses this docket. On their face most are topically unrelated — the IPWatchdog "Other Barks & Bites" roundup (2026-10-30) and "PTAB Remains a Patent Death Squad" pieces, the Wharton M&A article, ITIF's China-innovation report, Patently-O's Ericsson v. Lenovo and SoftView v. Apple posts, Android Central's 2024 Motorola import-ban piece (which concerns a later, unrelated ITC dispute), and the Fortune/Yahoo Moto X manufacturing story. I found no evidence linking any of them to the '534 litigation, so I have not cited them as coverage of this case. The real press record on this docket is contemporaneous 2010–2014 trade and mainstream reporting, summarized below.

The filing and escalation years (2010–2012). The case drew immediate trade-press attention as part of the broader Android " patent war." Ars Technica reported in December 2010 that Apple had expanded its counterclaims to 24 patents against Motorola's 18, expressly framing the numbers as leverage: "sheer number doesn't guarantee an Apple win, [but] the maneuver definitely puts Apple at an advantage, especially if the dispute is settled out of court." IPWatchdog covered the October 6, 2010 complaint itself, but as a pleading-standards critique rather than case reporting — arguing that Motorola's notice pleading would not satisfy Twombly and concluding that "Motorola is in no better position than an opportunistic patent troll when it comes to getting proprietary information out of a defendant." That is commentary well beyond anything in the record. When Motorola opened the second Florida action in January 2012, MacRumors and Android Police both led on the deal-significance angle rather than the patents: because the Google merger agreement required Google's consent to new IP assertions, the outlets treated the filing as "the closest Apple and Google have come to direct litigation" and "a signal of the direction Google intends to head." German coverage in Silicon.de added a Motorola spokesperson statement that the suit covered "genau die Patente, die wir schon in Florida geltend gemacht haben," targeting the iPhone 4S and iCloud.

The '534 patent's only press footprint. The '534 got essentially no dedicated coverage. Its sole appearance is in FOSS Patents (Florian Mueller, 2012-05-03), which listed "U.S. Patent No. 6,463,534 on a 'secure wireless electronic-commerce system with wireless network domain'" among six patents Motorola was moving to add, and speculated that "Google must have authorized these additional assertions because, under the merger agreement, Motorola needs Google's consent for new IP assertions." CNET picked the story up second-hand, crediting FOSS Patents and describing the six as covering "over-the-air software updates … a secure wireless commerce system …" — which is, as far as I can find, the entire press commentary on the patent at issue here.

The pretrial phase and the July 2013 narrowing. MacTech reported in September 2011 that Apple moved to stay both the Florida and Wisconsin cases on the theory that the pending Google acquisition produced "a fundamental loss of Motorola's patent rights" and a standing defect. MacTech, again relaying FOSS Patents, reported a joint motion for summary judgment on the '646 and '116 display-configuration patents following "the court's December 1, 2011 claim construction order, which mostly sided with Motorola on the key terms." This conflicts with the earlier "Key legal developments" section of this case summary, which states the case "never produced a claim construction ruling" — the press record (and the D.E. 125 Markman briefing) indicates a December 1, 2011 claim construction order did issue; that earlier statement should be corrected. MacTech also covered HTC's July 2012 counterclaims in the consolidated Florida action. On the case-management side, MacRumors reported the July 29, 2013 stipulation dismissing 14 patents (Motorola dropped eight, Apple six), leaving four per side for an August 2014 trial, and relayed that Judge Scola had "chastised" both companies for a "business strategy that appears to have no end." (Separately, the docket shows a July 31, 2012 order, D.E. 359, reassigning the consolidated cases to Judge Patricia A. Seitz under the Patent Pilot Program — a caption detail that sits awkwardly with the later "-SCOLA" designations and would need checking against the full docket.)

The ending, and what the coverage does not say. No outlet reported a verdict, damages figure, royalty rate, or injunction in this docket, because none occurred. The case ended inside the May 16, 2014 global truce: Reuters reported that Apple and Google's Motorola Mobility "agreed to settle all patent litigation between them over smartphones," that the settlement "does not include a cross license," and that the companies had told the Federal Circuit (No. 2012-1528, -1549) to dismiss; The New York Times' Bits blog quoted the joint statement verbatim — "Apple and Google have agreed to dismiss all the current lawsuits that exist directly between the two companies" — and the Los Angeles Times put the scope at "at least 20 pending lawsuits in the U.S. and German courts." Notably, the mainstream accounts conflate this docket with the N.D. Ill. case: Reuters described the dispute as one that "began in 2010" and "were consolidated in a Chicago federal court," with no mention of Miami, the '534, or the 2012 consolidation. Financial terms were never disclosed — the $12.5 billion Google–Motorola price and the $2.9 billion Lenovo handset sale that appear in that coverage are corporate-transaction context, not damages in this case. Analyst reaction ran skeptical: Pinsent Masons' Out-Law quoted the firm's Indradeep Bhattacharya saying the global dispute had "yielded relatively little, in terms of concrete commercial outcome, for either party," while the NYT framed the détente as driven less by the litigation than by both companies' shared interest in "patent reform" against trolls — a rationale the NYT itself inferred, since, as it noted, "the companies declined to comment on why they had reached the agreement."

Sources

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research this systematically, starting with the docket and contemporaneous coverage.

Good start. Let me pull the docket sheet and the complaint itself to confirm appearances and which patents were asserted.

Now let me find a full docket/attorney listing and verify the individual Quinn Emanuel and local counsel details.

Counsel of Record for Plaintiff Motorola Mobility, Inc. — Motorola Mobility, Inc. v. Apple, Inc., No. 1:10-cv-23580 (S.D. Fla.)

Structure of the representation: Motorola used a two-tier team throughout — Miami local counsel at Astigarraga Davis Mullins & Grossman, P.A. (the Florida-bar attorneys who signed the pleadings and are the technical "counsel of record" under S.D. Fla. Local Rule 4(b)), plus Quinn Emanuel Urquhart & Sullivan, LLP as national patent litigation counsel, admitted pro hac vice as "of counsel"/co-counsel. The docket does not formally designate a "lead attorney" field, so the lead/of-counsel labels below are inferred from who signed the complaint, argued claim construction, and moved for admission.

Miami local counsel (counsel of record)

Attorney Role Firm / Office Note
Edward M. Mullins (Fla. Bar No. 863920) Local counsel / Florida counsel of record; signed the original complaint and the December 14, 2012 amended infringement contentions Astigarraga Davis Mullins & Grossman, P.A., 701 Brickell Ave., 16th Floor, Miami, FL 33131 The firm's named litigation partner and Motorola's consistent Florida signatory in this and the related 2012 Florida action; the firm was also Motorola's counsel in the Florida leg of the wider Motorola–Apple/Android disputes.
Douglas J. Giuliano (Fla. Bar No. 15282) Local counsel Same firm, Miami Co-signed the original complaint (D.E. 1; see also D.E. 3, corporate disclosure/related-case filing) as Florida counsel alongside Mullins.

Source: D.E. 1, Motorola Mobility, Inc. v. Apple, Inc., No. 1:10-cv-23580-UU (S.D. Fla. filed Oct. 6, 2010) (signature block: "/s/ Edward M. Mullins … Douglas J. Giuliano … Astigarraga Davis Mullins & Grossman, P.A. … Attorneys for Plaintiff Motorola Mobility, Inc."), https://cases.justia.com/federal/district-courts/florida/flsdce/1:2010cv23580/366290/3/0.pdf

Quinn Emanuel — lead patent trial team

Attorney Role Firm / Office Note
Charles K. Verhoeven Lead trial counsel (national); listed "Of Counsel" on the complaint; argued Motorola's claim-construction positions at the Oct. 2011 Markman hearing Quinn Emanuel, 50 California St., 22nd Floor, San Francisco, CA 94111 One of the best-known patent trial lawyers of that era; later founded Tensegrity Law Group and was Samsung's lead trial counsel in Apple v. Samsung (N.D. Cal.).
Edward J. DeFranco Lead partner, New York (of counsel on complaint; active in discovery/claim-construction briefing) Quinn Emanuel, 51 Madison Ave., 22nd Floor, New York, NY 10010 Longtime QE patent litigator who handled the Motorola/Android-side portfolio disputes (also appeared for Motorola in the parallel Wisconsin and ITC matters).
David A. Nelson Partner, Chicago (of counsel on complaint) Quinn Emanuel, 500 W. Madison St., Ste. 2450, Chicago, IL 60661 QE's Chicago patent-litigation partner; the Chicago office anchored Motorola's Midwest-based litigation team.
David A. Perlson Co-counsel; admitted pro hac vice Aug. 26, 2011 Quinn Emanuel, San Francisco QE patent litigator; docket notification was directed to him at davidperlson@quinnemanuel.com (D.E. 104).
Raymond N. Nimrod Co-counsel; admitted pro hac vice (motion, D.E. 146) Quinn Emanuel, New York QE patent partner; part of the Motorola team across the Florida and ITC matters.
David Eiseman Co-counsel; admitted pro hac vice Nov. 17, 2011 Quinn Emanuel, San Francisco QE commercial/patent litigator added as the case moved into expert discovery (D.E. 182).
Robin M. Davis Co-counsel (appeared 2012; signed the Dec. 14, 2012 amended infringement contentions for the consolidated cases with Mullins) Quinn Emanuel, New York Law360's appearance record lists her on this case on Jan. 23, 2012; she was part of the post-consolidation team.
Marshall Searcy Of counsel (listed "pro hac vice to be filed") Quinn Emanuel, 865 S. Figueroa St., Los Angeles, CA Named in the of-counsel block of Motorola's January 24, 2012 complaint in the related, later-consolidated No. 1:12-cv-20271.
Benoit Quarmby Co-counsel; withdrew Feb. 24, 2012 Quinn Emanuel Notice of withdrawal states he "is no longer with the law firm" and that Motorola "will continue to be represented … by Quinn Emanuel … and Astigarraga Davis Mullins & Grossman, P.A." (D.E. 243).

Sources: D.E. 1 signature/"Of Counsel" block (Verhoeven, DeFranco, Nelson) and D.E. 3; D.E. 104 (Perlson PHV, Aug. 26, 2011); D.E. 146 (Nimrod PHV); D.E. 182 (Eiseman PHV, Nov. 17, 2011); D.E. 243 (Quarmby withdrawal, Feb. 24, 2012); D.E. 366 (Motorola's Amended Infringement Contentions, Dec. 14, 2012, signed "/s/ Edward M. Mullins" and "/s/ Robin M. Davis"); Jan. 24, 2012 complaint in No. 1:12-cv-20271 (of-counsel block listing Verhoeven, Perlson, DeFranco, Nimrod, Nelson, Searcy).

Important caveats and clarifications

  • Do not confuse the two sides' service lists. Many Motorola filings carry a service list that includes Apple's counsel — Weil, Gotshal & Manges (Christopher R.J. Pace and Edward Soto, Miami; Matthew D. Powers, Anne M. Cappella, Steven S. Cherensky, Jill J. Ho, Nathan A. Greenblatt, Jenny C. Wu, Mark G. Davis) and Covington & Burling (Robert D. Fram, Samuel F. Ernst, Christine Saunders Haskett, Chris Martiniak, Winslow B. Taub, Robert T. Haslam). Those attorneys represent Apple, not Motorola. (Powers and Cappella later moved to Tensegrity Law Group, which is why they appear with tensegritylawgroup.com addresses in later 2012 filings.)
  • No in-house counsel appears of record. Motorola's public spokesperson for the 2010 filings was Kirk Dailey, corporate vice president of intellectual property — a business/IP executive, not an attorney of record on this docket.
  • No sealed or missing appearances identified. The counsel list above is drawn from public docket entries and public PDFs; I found no indication that any Motorola-side appearance was sealed or that the team changed hands beyond the Quarmby withdrawal. I could not verify a formal PACER "lead attorney" flag (the Justia/Recap mirrors do not expose it), so "lead counsel" above reflects functional role, not a docket designation.
  • Role caveat on individual bios: The descriptions of Verhoeven, DeFranco, Nelson, Nimrod, Perlson and Eiseman as patent litigators are well supported; I have not independently sourced a specific "notable past case" for Giuliano, Searcy, Davis, Eiseman or Perlson beyond their appearance in this matter and its companion Motorola–Apple/ITC actions, so I have not asserted one.
  • Bonus for the case narrative: the '534 patent's presence here is now confirmed. The original Oct. 6, 2010 complaint asserted only the '987, '119, '006, '737, '531 and '161 patents; U.S. Patent No. 6,463,534 was added later, appearing in Motorola's Amended Infringement Contentions (D.E. 366, Dec. 14, 2012) in the consolidated Florida cases (No. 1:10-cv-23580-SCOLA consolidated with No. 1:12-cv-20271-SCOLA), where it is listed among twelve asserted Motorola patents. See also FOSS Patents, "Motorola will soon assert six more U.S. patents against Apple — most likely in Florida" (May 3, 2012), which flagged the '534 as one of six patents Motorola moved to add, http://www.fosspatents.com/2012/05/motorola-will-soon-assert-six-more-us.html

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research the docket and related sources for Apple's counsel of record in this case.

Good initial hits. Let me pull the docket-level documents showing appearances and the later withdrawal of Covington.

Let me confirm the initial appearance and pro hac vice admissions, plus the signature blocks on Apple's answer/counterclaims.

Counsel of record for Apple, Inc. — Motorola Mobility, Inc. v. Apple, Inc., No. 1:10-cv-23580 (S.D. Fla.)

Sourcing caveat up front. I could not log into PACER/CM-ECF, so I did not pull the docket's official "attorney roll" (the ECF-generated party-attorney list). Everything below is reconstructed from signature blocks, certificates of service and service lists reproduced in the filings themselves (Justia/RECAP copies of the S.D. Fla. docket) plus one withdrawal notice that identifies who was formally "counsel of record." That is a reliable but slightly indirect basis: it proves appearance and firm affiliation, but a handful of names appearing only on service lists may have been staff/associates rather than formally noticed counsel.

Two structural points that matter for reading this list:

  • Apple ran a two-firm structure: Weil, Gotshal & Manges LLP (with its Miami office as local counsel of record) as lead, plus Covington & Burling LLP as co-counsel of record until Covington withdrew on July 5, 2012 (D.E. 357).
  • Apple's national patent trial team changed firms mid-case: Matthew D. Powers and Steven S. Cherensky appear under Weil's Redwood Shores letterhead in 2010–11 and under Tensegrity Law Group LLP (same Redwood Shores address) from 2012 forward, reflected as "Of Counsel" on S.D. Fla. filings (D.E. 216, 288).

1. Local / lead counsel of record (Miami)

Attorney Role Firm & office Note
Christopher R. J. Pace (Fla. Bar No. 0721166) Lead Florida counsel of record; signed virtually every Apple filing, including the consent to magistrate jurisdiction (D.E. 269) and the Covington withdrawal notice (D.E. 357) Weil, Gotshal & Manges LLP, 1395 Brickell Avenue, Suite 1200, Miami, FL 33131 Weil's Miami litigation partner and Apple's Florida anchor in the Motorola/Apple Android wars; the signatory of record for Apple's venue-transfer motion practice in this case (see Apple's Motion to Transfer Venue, Jan. 12, 2011, D.E. 37)
Edward Soto Local counsel of record (co-signatory on Apple's filings) Weil, Gotshal & Manges LLP, Miami Listed alongside Pace on the Weil Miami signature block throughout (D.E. 182, 216, 269, 288, 306, 357)

2. National lead patent trial counsel (Weil → Tensegrity)

Attorney Role Firm & office Note
Matthew D. Powers National lead counsel / "Of Counsel" of record Weil, Gotshal & Manges LLP, 201 Redwood Shores Pkwy, Redwood Shores, CA (through 2011) → Tensegrity Law Group LLP, Redwood Shores, CA (2012) Long-time head of Weil's patent litigation practice; co-founded Tensegrity in 2011. Apple's lead strategist across the Motorola campaigns (S.D. Fla., W.D. Wis., N.D. Ill., ITC 337-TA-745/750)
Steven S. Cherensky National lead counsel / "Of Counsel" Weil, Gotshal (Redwood Shores) → Tensegrity Law Group LLP Filed the declaration supporting Apple's preliminary-injunction motion in the parallel W.D. Wis. action (Apple, Inc. v. Motorola, Inc., No. 3:10-cv-00662, D.E. 7, Mar. 11, 2011); core member of Apple's Motorola team

3. Weil, Gotshal supporting counsel (pro hac vice)

Attorney Role Firm & office Note
Mark G. Davis Of counsel / pro hac vice Weil, Gotshal, 1300 Eye Street NW, Suite 900, Washington, DC Appears on every Apple service block in the Florida case
Anne M. Cappella Of counsel / pro hac vice Weil, Gotshal, Redwood Shores, CA Weil patent litigator; frequent Apple counsel in the 2010–2013 smartphone cases
Jill Jane Ho (later Jill Jane Schmidt) Of counsel / pro hac vice Weil, Gotshal, Redwood Shores, CA Apple filed a formal Notice of Attorney Name Change in this case confirming she appeared pro hac vice and had adopted her married name (D.E. 288, Mar. 28, 2012)
Nathan A. Greenblatt Pro hac vice Weil, Gotshal, Redwood Shores, CA Listed on Apple's service lists (e.g., D.E. 116)
Jacqueline T. Harlow Pro hac vice Weil, Gotshal, Redwood Shores, CA Service-list appearance (D.E. 116)
Brian C. Chang Pro hac vice Weil, Gotshal, Redwood Shores, CA Service-list appearance (D.E. 116)
Jenny C. Wu Pro hac vice Weil, Gotshal, 767 Fifth Avenue, New York, NY Service-list appearance (D.E. 116)

4. Covington & Burling LLP — co-counsel of record until July 5, 2012

These five were expressly named in Apple's Notice of Withdrawal of Covington & Burling as Counsel of Record as "the following attorneys hereby withdraw as counsel of record for Apple, Inc." in this case (D.E. 357, filed July 5, 2012, signed by Pace). The notice states Apple consented and that "Covington & Burling LLP continues to represent Apple in other pending litigations against Motorola Mobility, Inc."

Attorney Role Firm & office Note
Robert T. Haslam Covington lead; counsel of record Covington & Burling LLP, 333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA Covington's principal Apple-side patent lawyer on the Motorola matters, including the N.D. Ill. Apple v. Motorola actions
Robert D. Fram Of counsel / pro hac vice; counsel of record Covington & Burling LLP, One Front Street, San Francisco, CA Senior Covington patent litigator; later signed the firm's withdrawal in N.D. Ill. No. 1:11-cv-08540 (Jan. 30, 2013)
Christine Saunders Haskett Of counsel / pro hac vice Covington & Burling, San Francisco Appears in Apple's S.D. Fla. service blocks from 2011–12
Samuel F. Ernst Of counsel / pro hac vice Covington & Burling, San Francisco Later a professor at Chapman University Fowler School of Law, writing on patent procedure and § 101
Chris Martiniak Of counsel / pro hac vice Covington & Burling, San Francisco Service-list appearance (D.E. 116, 243)

Related Covington names that appear on Apple's S.D. Fla. service lists but not in the withdrawal notice: Winslow B. Taub and Anupam Sharma (San Francisco / Redwood Shores). Treat these as supporting personnel rather than confirmed counsel of record.

5. Tensegrity Law Group LLP personnel appearing on the 2012 consolidated service list

After the consolidation of No. 1:10-cv-23580-RNS with No. 1:12-cv-20271-RNS, Apple's service block listed, under Tensegrity Law Group LLP (201 Redwood Shores Parkway, Redwood Shores, CA): Matthew D. Powers, Steven S. Cherensky, Azra Hadzemehmedovic, Paul T. Ehrlich, Monica Mucchetti Eno, and Stefani C. Smith (D.E. 355).

6. In-house counsel

No Apple in-house attorney appears by name in the public filings I reviewed. Apple's in-house litigation team did not enter an appearance in this docket; there is no signature block, notice of appearance, or service-list entry for an Apple legal-department attorney. If an in-house lawyer was involved, it was behind the scenes and is not documented in the accessible record — I won't guess at names.


Notes, discrepancies, and things to be careful about

  1. The judge caption changes mid-case. Early filings are captioned 1:10-cv-23580-UU (Judge Ursula Ungaro); from roughly late 2011 the caption is 1:10-cv-23580-RNS/TEB (Judge Robert N. Scola, Jr., with Magistrate Judge Edwin G. Torres). Later documents consolidate it with 1:12-cv-20271-RNS. Counsel lists should be read with the correct caption era in mind.
  2. Don't confuse the parties' firms. In the consolidated case, Quinn Emanuel (Charles K. Verhoeven, David A. Perlson, Raymond N. Nimrod, Edward J. DeFranco, David A. Nelson) and Astigarraga Davis Mullins & Grossman (Edward M. Mullins, Annette C. Escobar) represented Motorola, not Apple; Keker & Van Nest (Brian L. Ferrall, Leo L. Lam) also appeared for Motorola in the later phase. Since both sides' names are interleaved in the same service lists, it is easy to misattribute.
  3. Powers/Cherensky firm affiliation is date-sensitive. If you cite them, specify the period: Weil, Gotshal & M