Feeds

Motorola parks tanks on Apple's German lawn

We're not FRANDs any more, argue MotoMobe

Remote control for virtualized desktops

Motorola Mobility has gained an injunction against Apple sales in Germany, through careful application of owed royalties on previous infringements, but enforcing it will cost Motorola €100m in bond money.

That money has to be lodged with the court in case a later ruling overrides this decision. It's a lot less than the €2bn Apple asked the court to demand, and Motorola might decide not to ask for the injunction to be enforced until Apple's inevitable appeal has been dealt with, but it's still a victory for the company that aspires to being Google's mobile wing.

This is the same case during which Apple earned a default ruling by failing to turn up in court, but while Cupertino dismissed that as "a procedural issue" this time it's a proper ruling which could be used to prevent Apple products being sold in Germany.

The ruling, hosted and translated by patent watcher Florian Mueller, covers a patent which is almost certainly essential to the GPRS standard, and as such is subject to FRAND (Fair, Reasonable and Non-Discriminatory) licensing. But under German law the potential licensee of a FRAND patent cannot attach conditions to their licence, something Apple appears to want to do.

The conditions relate to possible previous infractions. Apple has been making GPRS-compatible phones for a while now and wants any historical infraction to be at FRAND rates while reserving the right to do without a licence if it can prove the patent invalid or inapplicable during the ongoing court case.

Those conditions have enabled Motorola to reject Apple's licence offer, and thus sue to get the injunction, in Germany at least.

There will, no doubt, be an appeal, so this is one more round rather than any decisive victory or conclusion, but it's a round we can award to Motorola Mobility. ®

Intelligent flash storage arrays

More from The Register

next story
Heyyy! NICE e-bracelet you've got there ... SHAME if someone were to SUBPOENA it
Court pops open cans of worms and whup-ass in Fitbit case
SLURP! Flick your TONGUE around our LOLLIPOP – Google
Android 5 is coming – IF you're lucky enough to have the right gadget
Official: European members prefer to fondle Apple iPads
Only 7 of 50 parliamentarians plump for Samsung Galaxy S
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Space Commanders rebel as Elite:Dangerous kills offline mode
Frontier cops an epic kicking in its own forums ahead of December revival
VINYL is BACK and you can thank Sonos for that
The format that wouldn’t die is officially in remission
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Internet Security Threat Report 2014
An overview and analysis of the year in global threat activity: identify, analyze, and provide commentary on emerging trends in the dynamic threat landscape.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.