Apple Also Pursuing EU Action Against Motorola’s Xoom Tablet

| iPad

In tandem with its complaint against Samsung, which led to a preliminary injunction against importing and selling the Galaxy Tab 10.1 tablet in the European Union, Apple is pursuing legal action against Motorola over the Xoom tablet. In both cases, which were filed in the same German court, Apple is claiming violation of its patents, although in the Motorola complaint, it isn’t clear if it is seeking a preliminary injunction.


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As the blog FOSS Patents noted, Apple could seek a permanent injunction against Motorola, rather than a preliminary one, which is a temporary measure that only turns into a permanent one after an investigation. Writer Florian Mueller has detailed the 42 patents (24 for Apple, 18 for Motorola) that Apple and Motorola are suing each other over and noted that German law doesn’t allow a preliminary injunction “if the right holder has been aware of the infringement too long,” which he said is possible in this case.

Apple filed a complaint against Motorola with the US International Trade Commission last December, but the European complaint against Motorola was buried in the initial EU filing against Samsung. Also buried in there was a complaint against an obscure German company called JAY-tech, which was not only slapped with a preliminary injunction against sale of its tablet but also had the ruling upheld in its entirety after a hearing.

Mr. Mueller said that the complaint doesn’t indicate which operating system was used in JAY-tech’s tablet, “but Android would be by far and away the most likely option.” Google has accused Apple of using the courts to stifle the sale of Android tablets and give the iPad an unfair advantage, as TMO noted last week.

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Google has accused Apple of using the courts to stifle the sale of Android tablets and give the iPad an unfair advantage, as TMO noted last week.

More like “Google has accused Apple of using the courts to stifle the sale of Android tablets because Android makers can’t innovate quickly enough if they want to make profits in quick run (this quarter or the next) which is how their culture works.”

I so do wish the Liar Liar mentality of these copy whores would be questioned more thoroughly by knowledgeable analysis. (TMO, Gruber and a few other Apple savvy sites do their job well.)

Here is how Google and Android Gaggle would like Apple to take it.

Fletcher: You scratched my car!
Motorpool Guy: Where?
Fletcher: [indicating with his hands] Right there!
Motorpool Guy: OH… That was already there.
Fletcher: You - -LIAR! You know what I am going to do about this?
Motorpool Guy: what?
Fletcher: Nothing! Because if I take it to small claims court, it will just drain 8 hours out of my life and you probably won’t show up and even if I got the judgment you’d just stiff me anyway; so what I am going to do is piss and moan like an impotent jerk, and then bend over and take it up the tailpipe!
Motorpool Guy: [tossing the keys to Fletcher] You’ve been here before haven’t ya?

Motorpool’s final statements sums it all up. Apple has been there before and it now has a monster iBank on its side that can talk the talk so Apple can finally walk the walk. So, strap on the steel-toed army boots Apple and start walking.

No longer is Jobs and Co. going to allow the lazy competition to issue their cheap bastardised facsimiles to eat into Apple sales while they attempt to develop their own products.

Lee Dronick

See today?s Joy of Tech comic

We can always count on the good knight to loosen the knot of frustration that can become overwhelming.

I didn’t get to add a final comment to your and Ron’s additional posts to “Acer Founder: iPad, Tablets are a Flash in the Pan” until very late. That was a fun exercise and is copied to my DT for those moments when Darkness seems to personify a moment.

(And I suspect your voice is in better form than what was implied for the sake of humour.)


It’s also interesting that the “Joy of Tech” comic spells out “Eric Schmidt” but indicates Apple’s CEO only as “Steve”

I’ll bet even those 550,000 blockheads know who Jobs is.


When did Apple become such a crybaby?

Trying to keep Motorola and Samsung from selling tablets.

Trying to keep Amazon, B&N and others from selling books on iOS.  The best counter argument I have seen to this would be like if Microsoft charged Apple 30% for all apps, music, movies, books sold through iTunes on Windows machines…  I deleted iBooks from my iPad to protest.

It sucks because I love my iMac, I love my iPhone and iPad and I will probably still end up getting an iPhone 5, but Apple just seems like a whiny bitch now.  They are now the company they were making fun of in the classic 1984 commercial.


The market seems to be showing Apple taking a far less pummel compared to other tech companies. Could this be an act of support, or at least understanding, that Apple will not sit back while the imitators scarf their innovations?

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