Motorola granted injunction against Apple [Update]

Motorola Mobility has reportedly confirmed that they have secured an injunction against the sale of Apple devices in Germany, according to ZDNet. According to “a copy of what purports to be a default judgment by the Mannheim Regional Court,” they say that this will prevent Apple from selling any devices that infringe on two Motorola patents in Germany.

The two patents in question are:

EP (European Patent) 1010336 (B1) on a “method for performing a countdown function during a mobile-originated transfer for a packet radio system”; this is the European equivalent of U.S. Patent No. 6,359,898

EP (European Patent) 0847654 (B1) on a “multiple pager status synchronization system and method”; this is the European equivalent of U.S. Patent No. 5,754,119

Motorola released the following statement just a few minutes ago:

As media and mobility continue to converge, Motorola Mobility's patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry.

This is a major shakeup in Apple's legal battles against manufacturers of products using Google's Android operating system. They were recently granted a pair of injunctions that banned the sale of Samsung's Galaxy Tab 10.1 in Germany, and led to the removal of the Galaxy Tab 7.7 from the floor of the IFA exhibition. With the issuing of this injunction, it opens the door to the possibility that Apple could end up in a similar situation to Samsung.

Assuming that the ruling does hold up, this would mean that Apple would owe Motorola Mobility for financial damages for patent infringement dating all the way back to April 19th, 2003. Considering Apple's meteoric rise since then, it's definitely not pocket change.

Update: Apple sent the following statement to Engadget:

"This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time.

Update: It would appear that Apple might have purposely defaulted on the injunction so that they will be able to present all of their evidence at the appeal (something they will almost certainly seek). This tactic is sometimes employed in German courts by defendants who have failed to respond to a complaint in time, since evidence that is then presented is not admissible due to being 'untimely.' Apple's legal advisors Think Different, too. The original injunction, in all of its German legalese glory, can be viewed at FOSS Patents.

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19 Comments

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Well I can't honestly say Apple didn't deserve it. You can't play with fire without getting burnt. I think this proves conclusively that Google didn't make a mistake purchasing MM for its patent portfolio after all. If I were Microsoft, I'd be concerned I'm about to lose all my Android license fees

Joey S said,
Well I can't honestly say Apple didn't deserve it. You can't play with fire without getting burnt. I think this proves conclusively that Google didn't make a mistake purchasing MM for its patent portfolio after all. If I were Microsoft, I'd be concerned I'm about to lose all my Android license fees

But at least Microsoft are willing to work out patent deals, unlike a certain fruit company!!

Zeet said,
This time Apple don't, present doctored evidence.

Are you kidding that's the reason they accepted the default judgement, so they would have time to manufacture/doctor eveidence to lie in the appeal!!

neo158 said,

Are you kidding that's the reason they accepted the default judgement, so they would have time to manufacture/doctor eveidence to lie in the appeal!!


Haha +1

Zeet said,
This time Apple don't, present doctored evidence.

You mean like that one picture in the 64 pages long document?
The one picture on a page that was not dealing with a matter where scale was important and the pictures inaccurate scale was also noted?

It's a good thing the court made their decision after having looked at a bit more of the "evidence" and the actual hardware and not just a tiny picture taking out of context as some people seem too...

http://www.appleinsider.com/ar...injunction_over_iphone.html

"According to a report by FOSS Patents blogger Florian Mueller, having failing to meet a deadline for answering a complaint, Apple has accepted a default judgement it can now appeal.

Had Apple not accepted the default judgement, any evidence it presented late would not be admissible. As it stands, Apple can now present its evidence in an appeal. However, the default judgement finds Apple infringing two patents and grants Motorola Mobility an injunction against sales of infringing products. "

So Motorola's victory won't last long...

sam232 said,

Another dirty Apple tactic, I don't know why people still continue to buy their products.


I'm gonna go ahead and guess it's because they produce some pretty darn good products and most people care more about the product itself than what legal battles a company is taking part in?

Maybe I should cancel my preorder for Skyrim due to Bethesdas lawyers being stupid aholes? Meh don't think so, the game will probably just as good anyway.

Sionic Ion said,
Fix your biography already... "and is enjoys playing guitar, writing, and keeping up with the latest technology."
Thanks for the heads up. Is fixed it