Apple's 3G Devices Already Return to German Online Store as Motorola Ban Suspended
All of Apple's 3G devices were briefly unavailable in the company's online German store.
Earlier today word spread that Motorola won an injunction against the sale of Apple’s 3G devices and that they would be pulled from Apple’s German online store.
Well, the ban has already been suspended.
“All iPad 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 patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
Back in December Motorola was successful in winning an injunction against App;e 3G products based on Apple’s infringement of a FRAND patent owned by Motorola relating to 3G technology. The ban was set to go into effect today, but Apple successfully suspended the ban at the literal last-minute by arguing Motorola refused to license the 3G/UMTS patent under FRAND terms.
FRAND patents are declared “essential” in implementing industry wide standard technologies like 3G communications technologies in the mobile world. FRAND agreements are supposed to prevent anti-competitive practices within industries. Whether Motorola has been attempting to prevent Apple from acquiring a fair FRAND agreement will be proven in court. However, it could just as likely be a case of Apple refusing to pay the industry standard licensing fees.
For now Apple’s products are still available in the EU and they will likely remain as the courts will force Apple to pay up what Motorola has already demanded, or Motorola will have to renegotiate fair FRAND terms.
Source: Apple Insider