Apple blocked in Germany?

  • Posted: 08 November 2011 05:10 AM

    Well….this is not such a good news….not sure what to make of it. Story goes: Motorola sues Apple Gmbh in Germany. Apple does not show up in court….shit hits the fan.

    Info, in german:

    http://www.giga.de/macnews/newsticker/verkaufsverbot-gegen-apple-motorola-mobility-erreicht-etappensieg-250603

         
  • Posted: 08 November 2011 05:11 AM #1

    Courtpapers:

    http://www.scribd.com/doc/71622154/11-11-04-Default-Judgment-for-MMI-Against-Apple

         
  • Posted: 08 November 2011 05:13 AM #2

    For all those who can’t read German ;-p

    http://fosspatents.blogspot.com/2011/11/german-lawyers-say-apple-urgently-needs.html

         
  • Posted: 08 November 2011 06:11 AM #3

    According to a patent expert Florian Muller it’s just a technicality because Apple didnt respond in time.

         
  • Posted: 08 November 2011 06:54 AM #4

    True….but why didn’t they act (create a run?) and what happens in the meantime?

         
  • Posted: 08 November 2011 12:34 PM #5

    MacB - 08 November 2011 10:54 AM

    True….but why didn’t they act (create a run?) and what happens in the meantime?

    In the meantime Apple Inc can’t sell iPhones in Germany. But Apple Inc has never sold iPhones in Germany. Apple of Germany sells iPhones in Germany, and this action doesn’t impact their ability to sell iPhones in Germany.

    Not responding means that Apple didn’t provide evidence in response to Motorola’s claim. The default judgement isn’t final as Apple can now file an appeal, which will take the issue past Christmas shopping season before Apple has to provide a defense.

    This is a non-issue.

    Signature

    You can’t do more, make more, be more, than the next guy, if you think like the next guy. Think different.

         
  • Posted: 08 November 2011 12:53 PM #6

    Gregg Thurman - 08 November 2011 04:34 PM
    MacB - 08 November 2011 10:54 AM

    True….but why didn’t they act (create a run?) and what happens in the meantime?

    In the meantime Apple Inc can’t sell iPhones in Germany. But Apple Inc has never sold iPhones in Germany. Apple of Germany sells iPhones in Germany, and this action doesn’t impact their ability to sell iPhones in Germany.

    Not responding means that Apple didn’t provide evidence in response to Motorola’s claim. The default judgement isn’t final as Apple can now file an appeal, which will take the issue past Christmas shopping season before Apple has to provide a defense.

    This is a non-issue.

    Gregg,

    Florian Mueller feels quite differently about this. Given that patent law and infringement issues are his professional speciality, what do you know that allows you to so discount his opinion?

    Alan

    [ Edited: 08 November 2011 02:05 PM by Hannibal ]      
  • Avatar

    Posted: 08 November 2011 01:50 PM #7

    Mueller is knowledgeable but not an IP attorney or attorney.  That needs to be kept in mind.

    Signature

    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
    AFB Night Owl Teamâ„¢
    Thanks, Steve.

         
  • Posted: 08 November 2011 05:46 PM #8

    Hannibal - 08 November 2011 04:53 PM
    Gregg Thurman - 08 November 2011 04:34 PM
    MacB - 08 November 2011 10:54 AM

    True….but why didn’t they act (create a run?) and what happens in the meantime?

    In the meantime Apple Inc can’t sell iPhones in Germany. But Apple Inc has never sold iPhones in Germany. Apple of Germany sells iPhones in Germany, and this action doesn’t impact their ability to sell iPhones in Germany.

    Not responding means that Apple didn’t provide evidence in response to Motorola’s claim. The default judgement isn’t final as Apple can now file an appeal, which will take the issue past Christmas shopping season before Apple has to provide a defense.

    This is a non-issue.

    Gregg,

    Florian Mueller feels quite differently about this. Given that patent law and infringement issues are his professional speciality, what do you know that allows you to so discount his opinion?

    Alan

    Like everyone else, just what I read.

    Given that Apple can afford the best patent litigators,

    Apple has hired some of the nation’s top patent lawyers, including William F. Lee of WilmerHale, who helped networking chip-maker Broadcom Corp. win an $891 million infringement settlement against rival Qualcomm Inc., and Harold McElhinny of Morrison & Foerster, who led Pioneer Corp. to a $59 million judgment against Samsung.

    http://tinyurl.com/Apple-hires-the-best

    I cannot fathom Apple doing something without a highly reasoned purpose.  That alone makes me believe the theory I put forward (derived from reading other analysis) is correct.

    [ Edited: 08 November 2011 05:52 PM by Gregg Thurman ]

    Signature

    You can’t do more, make more, be more, than the next guy, if you think like the next guy. Think different.

         
  • Avatar

    Posted: 09 November 2011 01:42 PM #9

    FOSS Patents’ update: http://fosspatents.blogspot.com/2011/11/german-lawyers-say-apple-urgently-needs.html

    I appreciate Mueller’s detailed analyses, but sometimes it’d be nice to get a summary or abstract at the beginning.

    Here’s what I consider the critical point of the above link:

    ...Apple is more likely than not to win a temporary suspension…“More likely than not” is a conservative consensus position…one of them (his German sources) told me he can’t imagine any other outcome.

    Gregg was more concise: “This is a non-issue.”

    This bit towards the end was interesting:

    Why can’t Samsung get a suspension of the Galaxy Tab 10.1 injunction?

    Shortly after I published this post, an Android fan asked me on Twitter why the court would probably give Apple a temporary suspension in this case but not to Samsung in the Galaxy Tab 10.1 case.

    A key difference is that the Samsung injunction was a substantive ruling (on a preliminary injunction, but still substantive), while the Motorola-Apple decision is a default judgment unrelated to the merits.

         
  • Posted: 09 November 2011 03:14 PM #10

    Drew Bear - 09 November 2011 05:42 PM

    ...Apple is more likely than not to win a temporary suspension…“More likely than not” is a conservative consensus position…one of them (his German sources) told me he can’t imagine any other outcome.

    Gregg was more concise: “This is a non-issue.”

    This bit towards the end was interesting:

    Why can’t Samsung get a suspension of the Galaxy Tab 10.1 injunction?

    Shortly after I published this post, an Android fan asked me on Twitter why the court would probably give Apple a temporary suspension in this case but not to Samsung in the Galaxy Tab 10.1 case.

    A key difference is that the Samsung injunction was a substantive ruling (on a preliminary injunction, but still substantive), while the Motorola-Apple decision is a default judgment unrelated to the merits.

    You’ve really got to admire the intelligence working for Apple. Realizing that no judicial body is going to grant injunctive relief (prelimary or not) based on a default judgement, Apple chose to avoid introducing evidence/defend itself until after the Christmas shopping season.

    Signature

    You can’t do more, make more, be more, than the next guy, if you think like the next guy. Think different.