Motorola Wins Europe-Wide Ban on Infringing Apple Products

[Phillip Swanson]

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

[RICO_]

Ruh Roh! That's gonna sting if the appeal is denied.

And lol at the attempted $2.7 billion bond wanted by Apple. That's absurd. You're not losing that amount of money in the time it takes to overturn a decision IF the appeal is granted. Classic example of Apple's greed. They deserved this.

[KraXik]

Now we need to have Samsung sue Motorola and then we have a perfect triangle.

You just know this is still going to end up as an Apple hating thread. When they win in court they get hated on. When they lose they get hated on. One reason why I stopped looking at Engadget was the amount of fandroids continually hating..... :/


Edit: wow before I even got my post out they are already here... *sigh*

[dangit]

Great job Motorola. Apple needed this since they like to start legal battles over petty things.

[ipodtouchman77]

Someone explain in English what apple is getting sued for. And no iPod touch ban? Guess no one cares about us lol

[fbiryujin]

Every single Apple customer that is denied one of these products should Call Motorola and scream their heads off at the people who answer the phone. Patent infringement is a big issue, but this just hurts consumers, and destroys any semblance of a free market. I'm going to stop there before I go into "politics mode"

[iKillYou]

haha Yeah lest we forget how Crapple LOVES to sue people over anything and everything. I'm glad they finally got a nice taste of their own bullsh.it. Crapple should learn to spend more time and money in the DEVELOPER ROOM instead of the COURTROOM. Then maybe they'd actually be able to design and produce NEW products and not ones that looks EXACTLY like the old ones

[KraXik]

haha Yeah lest we forget how Crapple LOVES to sue people over anything and everything. I'm glad they finally got a nice taste of their own bullsh.it. They should learn to spend more time and money in the DEVELOPER ROOM instead of the COURTROOM

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.

[fleurya]

Moto should be thankful to Apple for chasing Moto's #1 Android tablet competitor out of Germany, the Tab. Next to the Tab, the Xoom looks like crap.

Someone explain in English what apple is getting sued for. And no iPod touch ban? Guess no one cares about us lol

It's a patent related to the cellular antenna.

[hookedonkronix]

Every single Apple customer that is denied one of these products should Call Motorola and scream their heads off at the people who answer the phone. Patent infringement is a big issue, but this just hurts consumers, and destroys any semblance of a free market. I'm going to stop there before I go into "politics mode"

Apple will get the same amount of customers calling them for the same thing. Apple blocked other companies from selling their products. I'm glad they lost this one.

[fbiryujin]

Moto should be thankful to Apple for chasing Moto's #1 Android tablet competitor out of Germany, the Tab. Next to the Tab, the Xoom looks like crap.



It's a patent related to the cellular antenna.

That has to be a joke. (Moto to Apple): You can release the iPhone, but not using any standard way of building the cell phone antenna.

I can't express my inability to understand this ignorance without breaking ModMyI's word censor.

[GmAz]

That has to be a joke. (Moto to Apple): You can release the iPhone, but not using any standard way of building the cell phone antenna.

I can't express my inability to understand this ignorance without breaking ModMyI's word censor.

or license the tech as other companies have. This is a patent worth defending. A patent for how the screen bounces back if you don't scroll a picture all the way is a stupid reason.

[nelly317]

$2.7 billion?! Reality distortion field??

[sadsamurai]

I hope that diickhead Jobs is banging his head against the wall somewhere on the other side. I am about to sell my iPhone 4 anyway, I am tired of the crappy small screen, the constant battle of upgrading and jailbreaking the OS, unlocking problems, etc.
Fock Apple and the horse they rode in town.

[Phillip Swanson]

That has to be a joke. (Moto to Apple): You can release the iPhone, but not using any standard way of building the cell phone antenna.

I can't express my inability to understand this ignorance without breaking ModMyI's word censor.

Apparently Apple tried to license the technology using a FRAND licensing agreement, but negotiations broke down or Apple just said to hell with it, we'll see you in court.

[Own3d]

I hope that diickhead Jobs is banging his head against the wall somewhere on the other side. I am about to sell my iPhone 4 anyway, I am tired of the crappy small screen, the constant battle of upgrading and jailbreaking the OS, unlocking problems, etc.
Fock Apple and the horse they rode in town.

Lol. Crappy screen? You're an idiot.

[LivesForJihad]

I have one thing to say about this issue.

Good. This is a step in the right direction - a direction that will put Apple back where it belongs...in the poor house.

[alexevo]

Looks like it's time for us to buy up iPhones and hit up eBay. Make sure you all check that box that says "Seller ships worldwide including Germany."

[sziklassy]

Now we need to have Samsung sue Motorola and then we have a perfect triangle.

You just know this is still going to end up as an Apple hating thread. When they win in court they get hated on. When they lose they get hated on. One reason why I stopped looking at Engadget was the amount of fandroids continually hating..... :/


Edit: wow before I even got my post out they are already here... *sigh*

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.

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.

You steal essential tech and it's ok. You steal non-essential tech and you should be fined. Cool.

[td1439]

That has to be a joke. (Moto to Apple): You can release the iPhone, but not using any standard way of building the cell phone antenna.

(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