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  • Motorola Wins Europe-Wide Ban on Infringing Apple Products



    Motorola won the first of two patent-infringement cases against Apple’s European sales division based in Ireland, granting Motorola an injunction against all of the infringing products in Europe.

    The number of products covered by the suit is downright staggering. This is a major blow to Apple and a perfect example of patent war blowback. A quick rundown of the products Apple can no longer sell in Germany:

    • iPhone
    • iPhone 3G
    • iPhone 3GS
    • iPhone 4
    • iPad 3G
    • iPad 2 3G
    • function


    Motorola filed the suit back in April, which is likely the only reason the iPhone 4S is not included in the injunction. The patent covered in question is described as a “method for performing a countdown function during a mobile-originated transfer for a packet radio system.” Apple previously raised a FRAND defense in the United States case over the same patent and the patent was declared essential to the General Packet Radio Service standard.

    However, German courts are less accepting of FRAND defenses when considering previous infringement, and in the case of this patent, Motorola is looking for payment greater than the FRAND rate, from 2007 on. Even if Apple and Motorola do come to a FRAND agreement, Apple could be on the hook for billions in unpaid licensing fees. Apple will of course appeal the decision.

    Motorola can still decide to enforce the ban even if Apple appeals, but they must put forward $134 million bond if they want to enact the ban. This is done in case the verdict granting Motorola the injunction is overturned, in which case the bond money will be given to Apple as reparations for lost revenue because of the bond. Apple wanted the bond to be set at $2.7 billion, but the courts sided with Motorola’s much cheaper claim. Previous rulings in Motorola's favor didn't allow an actual preliminary injunction to be invoked, but this one does.

    The German courts and the precedent their previous FRAND rulings establish do not paint a pretty picture for Apple. Unless Apple settles with Motorola out of court and strikes up a FRAND agreement—not likely to be Apple friendly—a number of Apple products will not be available in Germany and ther rest of Europe if Motorola goes ahead with the injunction.

    Source: 9to5Mac
    This article was originally published in forum thread: Motorola Wins Europe-Wide Ban on Infringing Apple Products started by Phillip Swanson View original post
    Comments 31 Comments
    1. Michael69's Avatar
      Michael69 -
      I sue you. I sue YOU. I sue them.You can't sell your phones in that country. You can't walk here.HEY YOU, quit talking on that phone and drive. You can't text and drive. My phone is better than your phone. YEA?!! Well my phone cant beat up your tab and your phone so take that. BLAH BLAH BLAH. Damn high school B.S. Some of the smartest people on earth and they can't play nice together. As consumers, we decide who fails and who succeeds. Not the corp. or a court. All these lawsuits prove nothing. Just stop already and make your product and let the consumers decide.
    1. iKillYou's Avatar
      iKillYou -
      Quote Originally Posted by KraXik View Post
      Maybe they would if competitors stopped STEALING (yeah I can use caps too) their ideas. And before you say this time it's Apple doing the stealing well other Courts found the technology to be ESSENTIAL.
      Well since you're so much on the UP AND UP with letter casing why don't you go hit up a mod or admin and have them fix your retarded StIcKy CaPs having a.ss user name

      Crapple has pretty much resolved the whole "competitor copying" issue by continuing to produce the SAME EXACT PRODUCTS over and over again
    1. runey71's Avatar
      runey71 -
      Quote Originally Posted by iKillYou View Post
      Well since you're so much on the UP AND UP with letter casing why don't you go hit up a mod or admin and have them fix your retarded StIcKy CaPs having a.ss user name

      Crapple has pretty much resolved the whole "competitor copying" issue by continuing to produce the SAME EXACT PRODUCTS over and over again
      You are an angry and sad individual LOL
    1. Orby's Avatar
      Orby -
      This is an article about a European patent infringement lawsuit.

      This is not an article about the quality of usernames, the intelligence of members here, nor is it about defending the type of smartphone/tablet you use.

      Capeesh?
    1. SnowLeo's Avatar
      SnowLeo -
      Damn guess I cant buy an apple "function" in europe any more. Sucks cause that was my favorite ios device lol- please explain the last bullet. Apple deserves this. A few billion here or there wont kill a company with more cash stashed away than the US government. Id bet anything they store away those billions of dollars of cash just for things like this. Eventually apple will give up on this and settle for a couple billion and keep selling in europe. Apple will continue to be a hard *** against samsung and sue them and HTC until they get more license dollars than microsoft gets from HTC and force them to raise prices and make cheaper phones, hurting the consumer and making the iphone that much more appealing.

      If anything good comes out of all this its that HTC and Samsung might just become more interested in the newly opened source webos and make some real hardware with that sexy UI (:
    1. KraXik's Avatar
      KraXik -
      Quote Originally Posted by iKillYou View Post
      Well since you're so much on the UP AND UP with letter casing why don't you go hit up a mod or admin and have them fix your retarded StIcKy CaPs having a.ss user name

      Crapple has pretty much resolved the whole "competitor copying" issue by continuing to produce the SAME EXACT PRODUCTS over and over again
      Yeah I'll talk to you when you learn to speak English. Why do they let retards use the Internet?

      Quote Originally Posted by sziklassy View Post
      A few things. First, Apple opened this can of worms. It has nothing to do with Fandroids hating on anyone. I love Apple. I love Android. Apple thinks they are invincible here. Clearly they are not! Samsung probably could sue Moto, but I doubt they will any time soon. Apple made this situation an Apple v the "rest of them" battle and that is exactly what they are getting.

      When this is all played out I am sure all we will see is a bunch of the same money trading hands. Nothing will have been gained, everything will have been lost, but at least we will have straightened out who has patent right to a bazillion patents.



      You steal essential tech and it's ok. You steal non-essential tech and you should be fined. Cool.
      I disagree with everything you said. Tech companies suing each other did not start with Apple.

      Also if someone gets a patent on some small essential crap then that reduces competition. Good for Apple for still releasing products.

      Companies stealing non-essential crap is whole definition of restricting innovation. This is the area where companies should innovate and protect their ideas.

      Big difference between essential and non-essential. So yeah. Cool.
    1. julioshs's Avatar
      julioshs -
      Quote Originally Posted by td1439 View Post
      (Apple to everyone): You can make a smartphone or tablet, just as long as it doesn't have black or clear screens, or rounded corners, or rectangular screens. Because we patented shapes and colors and stuff like that.

      Apple's helpful guidelines for competitors to avoid patent infringement | ITworld
      Lol. You just cracked me up 'cuz of how true that is.
    1. iDeadman's Avatar
      iDeadman -
      Banned in Germany huh? Well it makes sense. Germany has a history of making "smart" decisions.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by iDeadman View Post
      Banned in Germany huh? Well it makes sense. Germany has a history of making "smart" decisions.
      Germany is the economic superpower in Europe, they make a hell of a lot better decisions than you.
      That is unless you can somehow show that Apple did not infringe on the patent mentioned (even when Apple admit using it), then you are in the wrong profession you should work in the law team for Apple.

      I love this thread just because what is good for the goose is good for the gander, Apple finally got what's coming to them.
    1. iDeadman's Avatar
      iDeadman -
      Quote Originally Posted by unison999 View Post
      Germany is the economic superpower in Europe, they make a hell of a lot better decisions than you.
      That is unless you can somehow show that Apple did not infringe on the patent mentioned (even when Apple admit using it), then you are in the wrong profession you should work in the law team for Apple.

      I love this thread just because what is good for the goose is good for the gander, Apple finally got what's coming to them.

      Yeah because in 1933/34 Germany made a waaaay better decision then someone like me would of made. First off, never try to assume who a person is making a statement, you do not know me nor what my actual profession is. All you end up doing is showing how much of a fu*king idiot you are. I could careless about infringements, and who did what. So learn to take a joke and laugh at it, INSTEAD of becoming the joke and people laughing at you.
    1. creasy425's Avatar
      creasy425 -
      Oh for the love of christ, can't we all jsut get along. If you prefer apple cool. If you prefer android cool. They're all basically pocket computers anyhow. Everybody take a damn breath.