Apple, Motorola in patent struggle in Germany

February 4, 2012

Apple Inc. has temporarily blocked Motorola Mobility's attempt to have it withdraw several iPhone and iPad models from its Internet store in Germany, the latest twist in an extended legal duel over patents between the companies.

The sale of the devices was briefly halted after Libertyville, Ill.-based Motorola Mobility Holdings Inc. enforced a ruling it won against Ireland-based Apple Sales International Inc., from a court in Mannheim, Germany.

The court had earlier ruled that Apple should not be using Motorola's in the devices without a license.

Motorola Mobility moved to enforce the decision and Apple announced Thursday it was halting online sales. A few hours later, Apple said it had won a suspension from an in Karlsruhe.

"All and iPhone models will be back on sale through Apple's online store in Germany shortly," Apple said in a statement. "Apple appealed this ruling because Motorola repeatedly refuses to license this to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago."

Apple says Motorola Mobility has refused to license the technology even though Motorola agreed it should be an industry standard.

In a statement Friday, Motorola Mobility said it will continue to pursue claims against Apple. It said Apple had refused to negotiate in good faith.

The devices in question were the iPhone 3G, the iPhone 3Gs and the iPhone4 and UMTS-capable iPads - but not the 4S.

Florian Mueller, an intellectual property consultant who has been reporting on the cases on his blog FOSS Patents, said that the wording of the Karlsruhe decision only suspends enforcement of the decision until the court can hear a response from Motorola.

"This is a very, very temporary suspension," said Mueller. "Apple could be in the same situation again a week or two down the road."

The two companies are also at odds over what Mobility says is improper use of its push email technology that sends email to smartphones. The Mannheim court ruled in Motorola's favor Thursday, but Apple said it would appeal and that people using its phones would keep getting their email.

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10 comments

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_nigmatic10
3.3 / 5 (9) Feb 04, 2012
Apple just needs to fall off the planet. The last thing they are is innovative, and the first thing they are is a bunch of law sharks looking to bite into current innovations. Any, and i mean anything people THINK they invented was done before them, they just played the legal cards to acquire it for themselves and then market it as their own stuff.
Infiniteloop
1.7 / 5 (6) Feb 04, 2012
Nigmatic 10 .. You know what I heard? I heard that Apple just copied their OS from the back of a cereal box ... A little angry are we? Does somebody need a hug?
epsi00
4.3 / 5 (6) Feb 04, 2012
Apple applies this principle " what's mine is mine, what's yours is negotiable".
And of course I agree with nigmatic, Not any company has ever invented anything completely from scratch. Apple is a great recycler of old ideas.
kuncoro
not rated yet Feb 04, 2012
Apple will fade eventually. History always repeats itself.
DavidW
1 / 5 (4) Feb 04, 2012
Interesting relationship to a previous article:
http://www.physor...lar.html

"The most important follow-up of our study would be the exploration of proprietary software like the Microsoft Windows operating system,..."

"...The question then becomes, what does the software development pattern looks like when the company developing code doesn't offer this freedom to their users?...

Can we all say, "Nothing, but a dead weight!", togther?
It would take proving not doing wrong makes everything right.

They must have value too, even as the trash(projectiles) that we are being hit with being picked up and recycled to create a shield long enough to get into position, to allow them to destroy themselves by trying to attack freedom of choice. Just ramblin'...
_nigmatic10
1 / 5 (2) Feb 05, 2012
speaking of links. Here is a video courtesy of fox news about apple.

http://video.foxb...8561001/
Koen
2.2 / 5 (6) Feb 05, 2012
Jobs did not invent the electronics- and software industry all by himself, however I cannot think of a smarter integrator of technology into consumer products than Jobs. The fusion of home computing and multi-media has not been completed, also in terms of quality and performance. Maybe the next big thing is robotics, in unexpected forms, for consumers.
blazingspark
not rated yet Feb 05, 2012
Every time I see the words "Apple" and "patent" in the same sentence my eyes just want to roll to the back of my head.

It's disappointing...
_nigmatic10
1 / 5 (2) Feb 06, 2012
Jobs did not invent the electronics- and software industry all by himself, however I cannot think of a smarter integrator of technology into consumer products than Jobs. The fusion of home computing and multi-media has not been completed, also in terms of quality and performance. Maybe the next big thing is robotics, in unexpected forms, for consumers.


I believe the term you're looking for is forced standardization through aggressive marketing and law manipulation to accept only their products. The same thing that Microsoft has repeatedly been beaten down upon for even the slightest hint of in the past.
TheGhostofOtto1923
1 / 5 (4) Feb 06, 2012
Apple will fade eventually. History always repeats itself.
Funny. IBM is still here.

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