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  • German Court Lifts Google's Patent Injunction over Push Email against Apple's iCloud


    A German appeals court recently stayed the enforcement of an injunction Google’s Motorola won against Apple’s iCloud push email in the country. This means the service will likely resume in the near future. According to Florian Mueller of FOSS Patents, an official from the Karlsruhe Higher Regional Court confirmed that it granted Apple’s motion to stay the enforcement of Motorola’s injunction which was first won in February 2012. Germany has been without iCloud push email since the ruling was handed down by the Mannheim Regional Court.

    In April, the court held appellate hearings over the injunction’s merits and suggested Google’s counsel stipulate a stay in the proceedings. At the time, it was incorrectly reported that the stay was the enforcement of the injunction, which wasn’t the case. Mueller notes that winning a stay over an appeal is much easier than doing the same for an enforcement of an injunction due to the way German courts view injunctive relief. Mueller wrote the following regarding the matter:

    In the U.S., the assumption is that the patent holder can usually be made whole through monetary compensation, so if there's too much doubt, enforcement isn't allowed. In Germany, the whole idea is that a patent is next to worthless unless you can enforce an injunction, and the victim of premature enforcement of an injunction that isn't upheld on appeal can always seek damages later.
    Google continued to assert the injunction even after the stay on appellate hearings despite knowing the odds were stacked against it. The patent-in-suit was found invalid in two separate complaints Google leveled against Microsoft, the first by a UK court and the second by the same Mannheim court that first granted the injunction against Apple.
    In addition, the Federal Patent Court of Germany or Bundespatentgericht, stated a preliminary position that Google’s patent was likely invalid. This prompted Apple to file its recent motion to stay the injunction’s enforcement. A nullity hearing scheduled for November will likely see the property invalidated, which in Germany retroactively affects any prior rulings.

    In order to reinstate push services, Apple is required to post a bond in case it goes bankrupt or Google pulls out a win when litigation over the patent is finally completed both unlikely scenarios. Once the bond is posted, which should happen in the next few days, iCloud push email will be restored in the country.

    Source: FOSS Patents via AppleInsider
    This article was originally published in forum thread: German Court Lifts Google's Patent Injunction over Push Email against Apple's iCloud started by Akshay Masand View original post
    Comments 2 Comments
    1. NewD's Avatar
      NewD -
      Legal blah this, legal blah that.. I'm an intelligent educated man - and I didn't follow a word of that.. Who's against whom? What did party of the first allege against party of the second?
      Apple? Google? Microsoft? Motorola? What's it all mean?!?!?
    1. spectrum's Avatar
      spectrum -
      Quote Originally Posted by NewdestinyX View Post
      Legal blah this, legal blah that.. I'm an intelligent educated man - and I didn't follow a word of that.. Who's against whom? What did party of the first allege against party of the second?
      Apple? Google? Microsoft? Motorola? What's it all mean?!?!?
      Just read the last sentence. That says it all.