Apple ordered to stop selling iPhone/3G iPad 2 by German court

While Apple and Samsung may be doing a lot of fighting as of late when it comes to patents, Motorola is also stepping up its fight against Apple. A court in Germany has ordered Apple to stop selling the iPhone and 3G iPad 2 according to sueddeutsche.de (translated).

The news is surely a blow to Apple as Motorola has put a stop to the sale of two of its hottest products. While the translation offers a lot to be desired in terms of clarity, it appears that the ban is related to a Motorola patent based around data transmission via GPRS.

How long the ban will be in place is unknown and most likely will depend on how quickly Apple can either license the patent from Motorola or work around the part that is infringing on Motorola's patent.

It was not long ago that Google made a move to acquire Motorola to help protect it's Android products from patent disputes. Seeing that Motorola was able to win an injunction in Germany means that they could potentially move to other countries with the same claim.

Apple has stated that they plan to fight this ruling.

Update: Allthingsd got a better translation, story states: "...the injunction applies to the importation of new iOS device shipments. It doesn't apply to existing inventory. And sources say Apple has plenty of iPhones and iPads on hand in Germany already..."

Thanks for the tip Sebastian Hoffmann!

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I find it interesting that so many people bash apple when smartphones of today wouldn't exist without them. Android is a blatant ripoff of IOS.

the court did not ban the sales, they gave moto the option, but if moto put the ban throug and apple will win in appeal they(moto) could face a compensation of 100 milion €, so they won't do it, or not yet.

What it tells me is that patents are not precisely written and defined and constant court battles is an indication that the whole thing is a mess.

The best thing for all of them is to just sit back and rely on their expertise in what they do best as well as their unique marketing efforts to collect profits.

As soon as one company starts suing everyone, it starts a ripple effect and they all start losing money to lawyers' fees.

Edited by zhiVago, Dec 10 2011, 9:05am :

Funny how the first comment on every Neowin article is always the most major win...

But yeah, the people above me are right. Sometimes, when you pick enough fights with everyone, everyone gets together and picks a fight with you...

Chicane-UK said,

I think you mean 'tragic' - not hilarious

Perhaps tragic comedy is more appropriate? Or just *absolutely insane*.

I think the title is misleading, they aren't banned from selling the devices, only from importing new inventory:

"...the injunction applies to the importation of new iOS device shipments. It doesn't apply to existing inventory. And sources say Apple has plenty of iPhones and iPads on hand in Germany already - enough that it's not too concerned about losing out on the Christmas consumer binge there. The company even says as much in the brief statement it issued on the matter today."

http://allthingsd.com/20111209...om-german-holiday-shoppers/

It's great to see Apple in the courts and loose since MS has aready been in the courts many times and lost, time to share the karma + wealth!!!!

Motorola isn't even enforcing this as of now. They are still contemplating if they actually wanna do that because of possible damages.

As of now iOS-Devices all over Europe can still be sold.

Motorola is the company which actually made the first mobile phone device. They are bound to have the 'right' patents.

FMH said,
Motorola is the company which actually made the first mobile phone device. They are bound to have the 'right' patents.

They actually do own most of the patents that are considered essential to mobile phones (about 1/3+) 17 of which are major patents used by Apple and since they are owned by Google now, Android isn't going anywhere and neither are these retarded lawsuits Apple keeps pulling on everyone.

Morden said,
The problem only is that Apple actually offers devices you want to end up with...

I'm sorry, but this is completely debatable. I do not want nor need Apple products.

Morden said,
The problem only is that Apple actually offers devices I want to end up with...

Fixed that for you. I do not want and have no need for the overpriced underspecced products that Apple produce.

neo158 said,

Fixed that for you. I do not want and have no need for the overpriced underspecced products that Apple produce.

I'd never want a device that is overspecced only cause it runs an os without any optimization and has the attractiveness of a dead cod.

@nekkidtruth: i don't think you need to debate that Apple sells MUCH MORE tablet and smartphone devices in Germany or in Europe than Motorola. Or actually anywhere in the world.

Morden said,

I'd never want a device that is overspecced only cause it runs an os without any optimization and has the attractiveness of a dead cod.

@nekkidtruth: i don't think you need to debate that Apple sells MUCH MORE tablet and smartphone devices in Germany or in Europe than Motorola. Or actually anywhere in the world.

That was not what you were claiming. The issue is you were assuming that everyone, everywhere wants an Apple device. Which is not true. Nowhere did you mention anything about who sells more. For the record however, even that is debatable.

Morden said,

I'd never want a device that is overspecced only cause it runs an os without any optimization and has the attractiveness of a dead cod.

@nekkidtruth: i don't think you need to debate that Apple sells MUCH MORE tablet and smartphone devices in Germany or in Europe than Motorola. Or actually anywhere in the world.

Yeah... haha. If It doesn't have a huge Apple logo on it, how will people know if he paid a lot of money for a smartphone?!?

I have a feeling he'll be singing a different tune when Android 4.0 comes out and the iSheep realize that Apple isn't the only electronics manufacturer in the world...

HeadsUp said,

Yeah... haha. If It doesn't have a huge Apple logo on it, how will people know if he paid a lot of money for a smartphone?!?

I have a feeling he'll be singing a different tune when Android 4.0 comes out and the iSheep realize that Apple isn't the only electronics manufacturer in the world...

I am as far from an Apple fanboy as anyone can be (i don't even use Apple products, i stick to Microsofts ecosystem) but i do realize what they did to the smartphone industry.

I would NEVER use Android but as i said in another topic with ICS they finally achieved what WP, iOS, WebOS or Meego for example was from the beginning: a coherent and usable OS; usable like you don't need to **** around to get updates, find a UI that does not makes you puke and get some rom that actually doesn't lags the hell out of even an Optimus 2X.

Ah yeah: and Apple IS more popular than Moto, that is not a debate, thats a fact. But of course if you can show me some sales statistics where some Motorola-Android smartphone OR tablet even scratches the popularity of iPhone or iPad i humbly ask for forgiveness. Until then i don't have to be an iSheep to acknowledge simple facts.

For the actual patent war i don't really give a ****: Google is a confirmed patent abuser who needed Motorolas portfolio cause they finally realized that Apple and MS are going to flush them down the preverbial toilet. Apple on the other hand is often a patent troll. But at least they have some patents they actually developed, not just copied or stole.

Morden said,

I am as far from an Apple fanboy as anyone can be (i don't even use Apple products, i stick to Microsofts ecosystem) but i do realize what they did to the smartphone industry.

I would NEVER use Android but as i said in another topic with ICS they finally achieved what WP, iOS, WebOS or Meego for example was from the beginning: a coherent and usable OS; usable like you don't need to **** around to get updates, find a UI that does not makes you puke and get some rom that actually doesn't lags the hell out of even an Optimus 2X.

Ah yeah: and Apple IS more popular than Moto, that is not a debate, thats a fact. But of course if you can show me some sales statistics where some Motorola-Android smartphone OR tablet even scratches the popularity of iPhone or iPad i humbly ask for forgiveness. Until then i don't have to be an iSheep to acknowledge simple facts.

For the actual patent war i don't really give a ****: Google is a confirmed patent abuser who needed Motorolas portfolio cause they finally realized that Apple and MS are going to flush them down the preverbial toilet. Apple on the other hand is often a patent troll. But at least they have some patents they actually developed, not just copied or stole.

The MS card you played there saved your sorry a$$ from getting spanked..

neo158 said,

Fixed that for you. I do not want and have no need for the overpriced underspecced products that Apple produce.

But doesn't some of their overpriced and under specced products hold their own against others in benchmarks? You know, beating those over specced devices in a lot of categories?

When are people going to learn that spec numbers just look better on paper and it really depends on how well it performs in the real world? This is probably too much to ask.

HeadsUp said,
I have a feeling he'll be singing a different tune when Android 4.0 comes out and the iSheep realize that Apple isn't the only electronics manufacturer in the world...
Sounds like droidSheep talk to me.

ir0nw0lf said,
OK, can we get a 100% clarification on this: is this in Germany only of all of Europe?

It's the whole of Europe.

ir0nw0lf said,
OK, can we get a 100% clarification on this: is this in Germany only of all of Europe?

Germany.

Wow, talk about Apple haters overload! Anti-Apple trolls all over this thread!

You people actually support Motorola in this, a company who has a HORRENDOUS track record for customer satisfaction, product updates & support, and product quality?

I hate the patent system and think it's impeeding technological advancement in general, but I hope Apple sticks it to Motorola so hard they'll wish they'd taken a pineapple up the butt instead!

As for you Apple haters, grow up and get a life.

-=MagMan=- said,
Wow, talk about Apple haters overload! Anti-Apple trolls all over this thread!

You people actually support Motorola in this, a company who has a HORRENDOUS track record for customer satisfaction, product updates & support, and product quality?

I hate the patent system and think it's impeeding technological advancement in general, but I hope Apple sticks it to Motorola so hard they'll wish they'd taken a pineapple up the butt instead!

As for you Apple haters, grow up and get a life.

Apple had this coming, stealing the technology of others by not paying royalties while trying suing other companies for the same thing, did they really think they would get away with it?

As someone else said, Karma's a bitch!!

Edited by neo158, Dec 9 2011, 10:34pm :

-=MagMan=- said,
Wow, talk about Apple haters overload! Anti-Apple trolls all over this thread!

As for you Apple haters, grow up and get a life.


Puh-lease, had this been the other way around, all the Appleheads would be doing the exact same thing with their holier-than-thou attitudes, if not worse.

-=MagMan=- said,
Wow, talk about Apple haters overload! Anti-Apple trolls all over this thread!

You people actually support Motorola in this, a company who has a HORRENDOUS track record for customer satisfaction, product updates & support, and product quality?

I hate the patent system and think it's impeeding technological advancement in general, but I hope Apple sticks it to Motorola so hard they'll wish they'd taken a pineapple up the butt instead!

As for you Apple haters, grow up and get a life.

In a vacuum, yes, the outcome of this case is abhorrent. But we do not live in a vacuum. Apple started this style of litigation among smartphone and tablet manufacturers, and if them getting a taste of their own medicine allows them to see more clearly that this is a really sh*tty way of trying to win this market, then it is better for everyone. While it would nice to imagine a world where all these companies just get along, in the real world mutually assured destruction is the far more likely way of getting all these companies to stop.

-=MagMan=- said,
Wow, talk about Apple haters overload! Anti-Apple trolls all over this thread!

You people actually support Motorola in this, a company who has a HORRENDOUS track record for customer satisfaction, product updates & support, and product quality?

I hate the patent system and think it's impeeding technological advancement in general, but I hope Apple sticks it to Motorola so hard they'll wish they'd taken a pineapple up the butt instead!

As for you Apple haters, grow up and get a life.

For the comments you said, I think you are the one who would indeed need to grow up. I don't know what you do, so I can't say get a life.

Apple had this coming with the way they have been parading around in court with this selfish crap, when they do the same thing. If you didn't see this coming, and are actually putting them on a pedestal for their doings as of late, than yeah, you definitely need to grow up and open your eyes. There may be haters, but you sir sound like a bonified fanboy.

The only parties hurt by this are German citizens who want an Apple product. But f* them, right Moto? You can just force them to buy your own crap -- at least until Apple buys you and turns you into a burger franchise.

All manufacturers need to get a clue and stop trying to make electronics a sport. Competition is not over the theory, it's over the products themselves. The process being patented is completely useless if the implementation sucks -- as it the case with nearly every Moto product out there.

Patents provide no competitive advantage if consumers don't want your product to begin with. Period.

We - as a gadget loving community - lose 3 years of progress for every one year something interesting tries to reach the market -- and it's because of b/s like this.

argiope said,
The only parties hurt by this are German citizens who want an Apple product. But f* them, right Moto? You can just force them to buy your own crap -- at least until Apple buys you and turns you into a burger franchise.

All manufacturers need to get a clue and stop trying to make electronics a sport. Competition is not over the theory, it's over the products themselves. The process being patented is completely useless if the implementation sucks -- as it the case with nearly every Moto product out there.

Patents provide no competitive advantage if consumers don't want your product to begin with. Period.

We - as a gadget loving community - lose 3 years of progress for every one year something interesting tries to reach the market -- and it's because of b/s like this.


You can thank Apple for this behavior. Once Android started to become a real threat, they started suing over ridiculous things. Read about the Samsung lawsuits.

argiope said,
The only parties hurt by this are German citizens who want an Apple product. But f* them, right Moto? You can just force them to buy your own crap -- at least until Apple buys you and turns you into a burger franchise.

All manufacturers need to get a clue and stop trying to make electronics a sport. Competition is not over the theory, it's over the products themselves. The process being patented is completely useless if the implementation sucks -- as it the case with nearly every Moto product out there.

Patents provide no competitive advantage if consumers don't want your product to begin with. Period.

We - as a gadget loving community - lose 3 years of progress for every one year something interesting tries to reach the market -- and it's because of b/s like this.

It's actually a Europe-wide ban meaning that Apple can't sell the specified products ANYWHERE in Europe.

Apple started all this. So it is quite a double standard to criticize Motorola and Google without being equally damning on Apple.

argiope said,
The only parties hurt by this are German citizens who want an Apple product. But f* them, right Moto? You can just force them to buy your own crap -- at least until Apple buys you and turns you into a burger franchise.

All manufacturers need to get a clue and stop trying to make electronics a sport. Competition is not over the theory, it's over the products themselves. The process being patented is completely useless if the implementation sucks -- as it the case with nearly every Moto product out there.

Patents provide no competitive advantage if consumers don't want your product to begin with. Period.

We - as a gadget loving community - lose 3 years of progress for every one year something interesting tries to reach the market -- and it's because of b/s like this.

So....it's ok for Apple to behave this way, but not if it's on the receiving end? Crawl back in your hole. The tech industry suffers regardless of who's doing it. It only makes sense that it's only an issue if it's Apple being punished right? Yeah...no.

argiope said,
The only parties hurt by this are Australian citizens who want a Samsung product. But f* them, right Apple? You can just force them to buy your own crap -- at least until Samsung buys you and turns you into a burger franchise.

I agree.

Actually, that's not entirely correct. The article states, that Motorola now can claim its right to stop the sales, but only after paying a "security deposit" of 100m€. It is not currently in place yet, and it's unsure if this might even happen, since Apple announced legal steps they will be taking against this ban (again).

"data transmission via GPRS" really? you can patent that? so if i develop a device that transmits over GPRS, I have to pay motorola?

SirEvan said,
"data transmission via GPRS" really? you can patent that? so if i develop a device that transmits over GPRS, I have to pay motorola?

If Apple can patent a rectangular design with rounded edges, why not?

The lawyers will be happy again. Award to won party and lose to another then reverse. Brilliant job by both parties.

These patent disputes are becoming super annoying. I love Apple's products, but there business practices are increasingly annoying.

Did I just read this correctly? WOW!
First major hit for Apple if it's actually the case, but I doubt it'll hold because of the way Apple act and how other patent disputes have worked out...
For example Samsung allowed to sell then suddenly taken away the right in Australia, (thought they're allowed to sell again).
Really happy to see a patent war go in the way of a company that isn't Apple.

WinA said,
I'm not suprised because Motorola is in Germany

No, its an American company, not sure where you get the idea it was german

Rudie32 said,
Karma's a bitch. ain't it?

Indeed, in this case very deliciously so. "Great" week for Apple: two bowls full of karma handed to them, this and the one in Australia. (unless I am missing more?)

Rudie32 said,
Karma's a bitch. ain't it?

exactly.... and they deserve it..... I am happy now.
btw, they are not allowed to sell ipad 2 3G,Ipad 3G and Iphone but they still can sell Ipad and ipad 2 wifi

Rudie32 said,
Karma's a bitch. ain't it?

Agreed. Maybe these companies will finally start licensing more things instead of using their patents like weapons.