The Real Reason Google's Moto X Is Being Assembled In The US Aug 5th 2013, 09:07
Or at least a contributing reason to why the Moto X is being assembled in the dear ol’ USA rather than in China like near every other piece of electronics. Sure, there’s the marketing angle, but Florian Mueller has an interesting take on it too: In a 2011 ruling on an S3 Graphics complaint against , the clarified the boundaries of its mandate. The ITC can prohibit the importation of devices that infringe an asserted patent claim if the act of importation itself constitutes a violation — as opposed to post-importation activities by the importer. For the Moto X, multiple components of wil be shipped in a non-assembled form to the U.S., and it’s possible that ‘s Motorola ensures that the Android software is installed only in the U.S. and not prior to importation. If an infringement dispute ever arises with respect to the Moto X, we’ll all find out more about the manufacturing chain for this device. For now, what’s clear is Google’s position: it believes that final assembly in the U.S. puts the product outside the scope of an ITC exclusion order. If Google is right, patent holders can only assert their rights by suing in U.S. federal court (or in foreign jurisdictions), and Apple v. Samsung shows how difficult and time-consuming that process is. There’s more there at Florian’s and you should go read it.
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