Feeds

Apple wins battle in Motorola patent war

iPhone, iPad blocker unblocked, rules German court

Designing a Defense for Mobile Applications

A German court has ruled that Motorola Mobility can't enforce a patent-battle injunction it won in December that would have prevented Apple's iPhone and iPad from being sold in that country.

The injunction caused Apple to remove those products from its German online store earlier this month, only to put them back up within hours, after the courts issued a temporary suspension of that injunction.

Monday's ruling in an appeals court, in Karlsruhe, Germany, as reported by Bloomberg, goes a step further, saying that Motorola can't enforce the injunction while the case is under appeal – which may take a year or more.

At issue is a patent related to general packet radio services (GPRS) that's at the core to the development of 3G technology – so essential, in fact that the patent is legally defined as being a "standard essential patent", subject to FRAND (Fair, Reasonable and Non-Discriminatory) licensing conditions. Motorola must license it at reasonable terms to competitors – not to do so would violate antitrust laws.

"At the current state of the proceedings, it is to be assumed that Motorola Mobility would violate its duties under antitrust rules if it continues to ask Apple to stop the sales," Bloomberg reports that the Karlsruhe court said in a statement.

And so now Apple can continue to sell its iWares in Germany during the appeal, and also attempt to reach a FRAND licensing settlement with Motorola without the pressure of lost sales.

Do note, however, that this is just one patent dogfight in which Apple is contesting with the handset maker for which Google began acquisition proceedings last August. Another spat has led to Apple having to turn off iCloud push notifications, and that case is wholly separate and still in dispute.

While all this may seem a wee bit confusing, one thing is clear: if Google had planned to use its $12.5bn Motorola Mobility acquisition primarily to wield a big ol' patent stick, that cudgel just became a bit flaccid. ®

Securing Web Applications Made Simple and Scalable

More from The Register

next story
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
UK Parliament rubber-stamps EMERGENCY data grab 'n' keep bill
Just 49 MPs oppose Drip's rushed timetable
MPs wave through Blighty's 'EMERGENCY' surveillance laws
Only 49 politcos voted against DRIP bill
EU's top data cops to meet Google, Microsoft et al over 'right to be forgotten'
Plan to hammer out 'coherent' guidelines. Good luck chaps!
US judge: YES, cops or feds so can slurp an ENTIRE Gmail account
Crooks don't have folders labelled 'drug records', opines NY beak
Delaware pair nabbed for getting saucy atop Mexican eatery
Burrito meets soft taco in alleged rooftop romp outrage
prev story

Whitepapers

Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.