The Mac Observer

Germany Overturns Injunction, Apple Resumes iPhone Sales

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In what’s turning out to be a day dominated by new of Apple and Motorola’s patent fight, Apple has managed to get an injunction suspended that had blocked the sale of the iPhone 3GS, iPhone 4 and iPad 2 with 3G support in Germany. Apple pulled the devices from its online store in Germany earlier in the day to comply with the injunction.

Apple overturns injunction blocking iPhone and iPad salesApple overturns injunction blocking iPhone and iPad sales

Apple told SlashGear that it appealed the injunction “because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”

The patent in question relates to 3G/UTMS technology and has been deemed critical to the industry.

Motorola won the injunction against Apple in December over claims that iOS devices use patented 3G wireless data-related technology without proper licensing. The two companies have been fighting for months over patent infringement allegations.

While Apple managed to overturn one injunction in Germany, it is still faced with dealing with another. Motorola also won a ruling in Germany on Friday that says the push technology Apple uses for iCloud and MobileMe email infringes on one of its patents.

iCloud’s push feature sends users notification of new email messages when they arrive and without requiring the Mail app to be running. Without the feature, Mail users must set the app to check for new messages on a regular schedule, or launch the app to download email.

Before the ban on iCloud email notifications, along with devices that use the feature such as the iPhone and iPad, can be enforced, Motorola must post a €100 million bond. Apple, however, plans to appeal the court’s ruling.

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