Motorola Inc. said it has filed a motion in federal district court for the Southern District of California seeking a dismissal of an action Qualcomm Inc. initiated in San Diego.
Earlier this month Motorola announced its intention to file a patent infringement against Qualcomm, claiming the company’s new Code Division Multiple Access Q phone copies the basic look and functions of Motorola’s StarTac wearable cellular phone. Qualcomm in turn filed a lawsuit against Motorola in San Diego for a declaratory judgment ruling that Qualcomm’s products do not infringe on any patents held by Motorola. Motorola has since filed suit in federal district court in Illinois.
“Qualcomm admitted in the papers it filed in the Illinois action that the Q phone is still in the pre-production stage, and that they haven’t even finalized it, so it’s unclear how a California court could possibly declare that Qualcomm did not infringe our patents,” said Wolf Pavlok, senior vice president and general manager of the Pan American Cellular Subscriber Group for Motorola’s Cellular Subscriber Sector.
According to Qualcomm’s filing, only 50 non-commercial models of the phone exist so far, and none have been sold or offered for sale, said Motorola.