Motorola Wins German iPhone, iPad Injunction

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Motorola Mobility landed a big victory in its patent infringement battle with Apple on Friday when a German court issued an injunction against the iPhone and iPad product lines that could lead to a full European Union ban on the company’s iOS devices. The patents Motorola relied on for its injunction cover essential technology for GPRS wireless technology.

Motorola wins iPhone injunction in GermanyMotorola’s patent, 1010336 (B1), is European version of U.S. patent 6,359,898 “method for performing a countdown function during a mobile-originated transfer for a packet radio system,” according to Foss Patents.

Florian Mueller of Foss Patents said the ruling “includes an injunction that is preliminarily enforceable against Ireland-based Apple Sales International in exchange for a €100 million ($134 million) bond unless Apple wins a stay.”

While the injunction includes the original iPhone, iPhone 3G, 3GS and 4, along with the iPad and iPad 2, it doesn’t include the iPhone 4 because it shipped after Motorola’s case was filed with the court.

Apple next move will most likely be to appeal the ruling and ask for a suspension so it can continue to sell its products while the case continues to work its way through the German court system. The company could also attempt to modify the iPhone and iPad so they don’t infringe on the Motorola Mobility patent, or try to swing a licensing deal.

Motorola Mobility won a temporary injunction in early November that, at the time, Apple dismissed as unimportant. “This is a procedural issue that has nothing to do with the merits of the case. This does not affect our ability to sell products or do business in Germany at this time,” an Apple spokesperson said.

Apple has not commented on Friday’s ruling.

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7 Comments Leave Your Own

daemon

Can’t wait to hear from Nemo and why this ruling is wrong because of FRAND….

RonMacGuy

In rare form today, eh daemon?  LOL.

Bosco (Brad Hutchings)

I suspect they’ll work this out. Google and MMI are hard at work on a set of suggestions for how Apple could change its products to bring them into compliance. One idea that looks promising is for Apple to use its proprietary iPod port to attach a tin can and up to 2 miles of string that could directly connect to the nearest cell tower.

Roger Fredericks

@daemon

Umm… If you had read the details of this ruling (in other articles) you would know that Motorola has been more than willing to licence the patent to Apple. Apple’s demands were not in the realms of FRAND, which is exactly why Motorola has won this ruling.

mhikl

Dang, Bosco and I are in agreement. First time.
Now to find the aspirin.

daemon

Umm? If you had read the details of this ruling (in other articles) you would know that Motorola has been more than willing to licence the patent to Apple. Apple?s demands were not in the realms of FRAND, which is exactly why Motorola has won this ruling.

My bad, sarcasm doesn’t translate well unless you’re known by all parties…

Hi Roger, I’m Daemon! I’ve spent years arguing with Nemo over whether companies have the right to sue over their IP being stolen when they’re subject to FRAND terms. I’ve been on the side that they can, he’s on the side they can’t…

 

ps: Unless it’s Apple, then apparently Nemo is of the opinion they can do no wrong…

mhikl

My bad, sarcasm doesn?t translate well unless you?re known by all parties?

daemon, over the years I have read your posts I have this to say: always the gentleman.

New posters should hang round long enough to know the waters before diving in.

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