Motorola wins in Germany against Apple, iCloud features banned, iPhone 4 disappears online
The court awarded Motorola an injunction against the push email feature in iCloud, so German iOS users will probably be requested to set their email checking in another mode. “Apple believes this old pager patent is invalid and we’re appealing the courts decision,” Apple told paidContent in a statement.
Apple has, due to an earlier ruling from November, also pulled its 3G/UMTS products from its German online store last night, such as the iPhone 3GS, iPhone 4, and the 3G-enabled iPad. Retailers are still selling those, though, and Motorola will probably have a battle before it to ban those products across all channels. "Even if some iPad and iPhone models are currently not available in our online store in Germany, customers should have no problem finding these devices in our stores or from authorized dealers," said an Apple spokesman.
The Apple iPhone 4S, which is Cupertino's bestseller this season, is exempt from the ban, as it features a "world" baseband radio from Qualcomm, and Apple is paying the due royalties to the chip maker, as Qualcomm's CEO Paul Jacobs said yesterday at the quarterly earnings report.
It wasn't that long ago when the Motorola ROKR was launched as the first phone with Apple's iTunes, but the roads traveled by those two since then took them pretty far away.
source: FOSSPatents & FinanzNachrichten.de (translated)
1. Sniggly (Posts: 7113; Member since: 05 Dec 2009)
Oh, DAMN. I think Motorola is done playing around in the courtroom.
This sets a good precedent; I think Apple may be a bit more receptive to deals if this outcome is solidified and more outcomes like this get handed down.
And yes, iFanboys. A patent over essential communications technology is *more valid* than a patent over aesthetic choices, because it's cost Motorola years, possibly decades and millions of dollars to develop the tech they hold those patents over. They've earned those patents, and if Apple gets to sue everyone over bulls**t gesture and icon patents, Motorola gets to sue over patents that actually took WORK and MONEY to develop.
16. biophone (Posts: 1893; Member since: 15 Jun 2011)
Sniggly i hate to disagree and you know I am not an ifanboy and by no means am i a expert on the law but i feel design more important then essential communication technology. This is because if you inflict on design you are stealing brand identity and its pretty easy to change. However communication technology that moti was suing over like a cell radio is insane its like they don't think an iphone can call now since a moto phone had a radio first. All radios are going to be similar and thats not something to sue over. Thats just how i feel and know i will get thumbed down for seemingly supporting apple which i am really not just making a general claim. To make an anology to cars sying over a radio is like suing over a engine. Thats how i see it. As long as they aren't identical its fair game.
17. Evil_SaNz (Posts: 258; Member since: 20 Oct 2011)
So Apple is the only that can use Euclid's forms and sue others if they violate geometrical laws that belong to humanity? If they start to patent Euclid aswell I'm done here on Earth, I go to Mars.
18. ilia1986 (unregistered)
biophone - design might be more important - but no single company has a right to patent a rectangle. And that's precisely what Apple did with the iPad. Rectangular form, touch-screen in the center, and black bezels on front. It's kinda hard to design a sleek tablet that doesn't have these. Same for the iPhone. So iOS uses square icons. So Touch-Wiz used those as well. So what.
Apple is just afraid of the competition - and rightfully so.
21. Evil_SaNz (Posts: 258; Member since: 20 Oct 2011)
Correct. Following Bio's logic Majel Barrett Rodenberry should sue Apple because the first electronic tablet was used by James T Kirk while recording the captain's log in Star Trek and even before the pharaoh Tutankhamun should sue Enterprise's captain because Egyptians had rectangular clay tablets.
24. biophone (Posts: 1893; Member since: 15 Jun 2011)
No u assume i agree with broad design patents which isn't so. I think exact copies which exist or intentially trying to steal brand identity can be tried in a cort of law.
62. Forsaken77 (Posts: 548; Member since: 09 Jun 2011)
I agree bio. Even though Android supporters won't ever admit this... Samsung blatantly made an EXACT copy of the iPad. The put all the ports and settings in the same exact spots. They made the charging and car charger cables look identical. I love Sammy, I own a GS2, but they did copy Apples's exact design. They tried to clone the iPad to cause confusion among consumers. But copying software is important as well. software is what makes each device unique. Apple tried to take some of Moto's uniqueness away.
19. SuperAndroidEvo (Posts: 4182; Member since: 15 Apr 2011)
How is design more important than the essential communication technology? Without that technology you really don't have a mobile phone.
What good is design if it doesn't do what it's supposed to do?
Other companies are making mobile phones & they are not infringing on Motorola's patents, so why should Apple not be held accountable for their actions? The ITC saw Apple's use of Motorola tech as an infringement, so Apple has to pay the piper now.
Apple tries to say a phone can't be rectangular or have glass on it or they should not have a bezel of the same size. That is crazy because the LG Prada looks like an iPhone before the iPhone ever came out. Meaning that Apple took LG's design. The design Apple is patenting is not even theirs. lol
22. biophone (Posts: 1893; Member since: 15 Jun 2011)
I don't agree with most of apple's design lawsuits which your argument is based off. They are far to broad. All that I am saying if a technology is essential for a phone to work you can't blame a company for using it is essential.
28. SuperAndroidEvo (Posts: 4182; Member since: 15 Apr 2011)
Ok I get that, but what I am saying is that other companies are making phones without infringing on Motorola's patents.
Why can't Apple do the same? I bet the same question was asked by the ITC & that is why Motorola was awarded a win against Apple.
31. biophone (Posts: 1893; Member since: 15 Jun 2011)
Well my theory is since apple was being an ass to everyone moto wanted to be an ass back and they don't really care if others infringed. More of a vendeta thing.
34. SuperAndroidEvo (Posts: 4182; Member since: 15 Apr 2011)
You know you could be right. Kind of an eye for an eye type of thing. You just never know.
Motorola does have a right to protect technology that is used without their permission. Who knows the countless hours, money, & R&D Motorola spent on those technologies just to have Apple make money off their hard work.
The ITC is there to protect companies from such acts.
35. biophone (Posts: 1893; Member since: 15 Jun 2011)
Well i think maybe apple could pay a royality to make up for the r&d. Since they were being an ass i don 't really feel bad they were banned. They deserved it for trying to ban others. Not for the actual breach of patent.
40. TKFox007 (Posts: 303; Member since: 02 Nov 2010)
I wouldn't say vendetta, I'd say it's more like giving them a taste of their own medicine.
Because Apple has been really sue happy in trying to eliminate the competition
59. remixfa (Posts: 13930; Member since: 19 Dec 2008)
Apple has been slinging mud based on the most vague terms of "copywrite infringements" to try to scare people into submission. Older companies like Moto, Nokia, and Samsung have actual patents that they can use to slap Apple down.
It was more a testament to Apple's arrogance and ignorance that they tried to play bully, when the real school yard bullies have been playing nice with each other for years. Since Apple has gone after all of them (except nokia, who already has apple on a leash from previous apple patent stealing), its only right that they stand up and slap apple down.
Apple - "ooh look, i have a napkin drawing of a square, and im going to sue you over it!!"
Moto/Samsung - " ooh look, i have an actual patent for the 3g/ radio technology that your using without paying for, keep it up and ill tear you down."
apple didnt listen, now they get smacked.
And yes, that sets off a dangerous precident, but one that I feel is ultimately needed to bring Apple back in line and to the bargaining table. Apple wont stop its mass lawsuits over nothing until its brought to its knees in counter lawsuits. Rulings like this are the begining of Apple feeling the sting of its own ignorance. A few more rulings like this and we might see apple decide to play nice and make deals instead of shut companies down.
37. rf1975 (Posts: 247; Member since: 01 Aug 2011)
Yes developing a technology or design both cost money & time. So nobody should not copy others design or technology. But when it come to any essential technology patent (standard) which does not have any work around then the owner should comply to RAND or FRAND licensing.
2. ilia1986 (unregistered)
Good day everyone! Isn't it a beautiful day to be a FREE person walking on this planet.
32. ZEUS.the.thunder.god (unregistered)
yeah its a beautiful day. i want to have more days like this:)
53. ilia1986 (unregistered)
They are slaves, salic. Born into bondage. Born into a prison they can't taste or smell or touch. A prison - for their mind.
What is the iPhone? Control. The iPhone is an Apple-generated app world built to keep us under control in order to change a Smartphone into this:
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I may be a prisoner too - but at least - I am aware of that.
4. bloodline (Posts: 692; Member since: 01 Dec 2011)
Get in motorola !!!! about time.!
Google and motorola are gonna chew apple up
5. wackyjazz (Posts: 10; Member since: 11 Apr 2011)
“Apple believes this old pager patent is invalid and we’re appealing the courts decision,” Apple told paidContent in a statement.
Other manufactures old patents are invalid, so this means only the patents that Apple holds is valid??
6. PAPINYC (Posts: 2310; Member since: 30 Jul 2011)
How can iPhone 4 disappear if it's already null/void and empty???
iPhone 4 = ∅‰
7. som (Posts: 768; Member since: 10 Nov 2009)
Every companies in the World must file lawsuits against Apple because Apple copied some ideas from your company.
8. darac (Posts: 2156; Member since: 17 Oct 2011)
Now take this worldwide, Moto ..you got Google standing behind you.
10. rex1213 (Posts: 77; Member since: 29 Jul 2011)
I am certainly not surprised at all. That's what Apple get after filing a lawsuit against a company that has a monster of (real) patents in the mobile and telecommunications industry.
Geez... Apple's legal department probably made a mistake by launching a patent war against Motorola. Apple simply didn't learn from their legal battle against Nokia.
12. theBankRobber (Posts: 647; Member since: 22 Sep 2011)
I have been saying for a while that Motorola has the right to throw Apple under the bus. People say if others copy apple they deserve what they get, but forget that Ape always tries to beat around the bush for patients.
14. gemmabba (Posts: 51; Member since: 09 May 2011)
who is this pathetic loser thumbing down everyone?? is that you miz??? ahahaha
27. EclipseGSX (Posts: 1611; Member since: 18 Oct 2011)
probably Gallito or Gemini if they havent been banned yet lol
43. gallitoking (Posts: 4690; Member since: 17 May 2011)
I dont believe in thumb up/down... if a idont like a comment i rather tell you.. and viceversa..
36. SleepingOz (unregistered)
51. Droid_X_Doug (Posts: 5854; Member since: 22 Dec 2010)
Not much else to do when the iFan's hero gets spanked....
15. hunted (Posts: 336; Member since: 21 Sep 2011)
Started with a good day with this news, good day everyone :)
26. InspectorGadget80 (Posts: 6579; Member since: 26 Mar 2011)
Another score point for Motorola! APPLE need to stop whinning a lil btch. I always knew they pay German courts trying to ban any Android evice. It was Motorola who invented the cell phone first.
29. ZEUS.the.thunder.god (unregistered)
hit `em hard moto.
33. k1ng617 (Posts: 256; Member since: 13 Oct 2009)
Just goes to show Apple's decision to go nuclear has backfired.
38. Hallucinator (Posts: 344; Member since: 24 May 2010)
Too bad the injunction has already been suspended and Apples products are free to go back on the shelves. Lol.
39. rf1975 (Posts: 247; Member since: 01 Aug 2011)
The ruling regarding 3G/UMTS might change. Because it an industry standard patent. So Motorola should license this patent under FRAND for Apple.
42. Droid_X_Doug (Posts: 5854; Member since: 22 Dec 2010)
The silence from the usual iFans is deafening. Don't you have anything to offer up in defense of your hero? Kinda sucks when your hero gets caught with their pants down, eh?
46. Paden (Posts: 262; Member since: 07 Jul 2011)
I think it'll be alright.
44. Paden (Posts: 262; Member since: 07 Jul 2011)
What blows my mind is that people cheering for "Team Android" say that Apple is wrong for suing, but when other people sue Apple it's ok?
I say both sides are justified.
45. Paden (Posts: 262; Member since: 07 Jul 2011)
We'll see how this goes. I'm sure the ban will be lifted soon if it hasn't been already.
These lawsuits are just ways to hinder one another, but Apple definitely isn't hurt by this.
55. Paden (Posts: 262; Member since: 07 Jul 2011)
48. CUL8TR (Posts: 57; Member since: 01 Feb 2012)
NICE ONE SNIGGLY
VERY GOOD NEWS HAPPY TO HEAR THAT
BUT BAD FOR
WHAT IS THIS DAM ALL THOSE ISH&&&PS ARE BANNED IT SHOWS THAT THERE ARE SO LOADS OV HATERS OV IPHONE AND APPLE SAME TO HATE THEM SO MUCH
ALL THOSE WORDS ARE BAND IF U MENTION THEM U GET BANNED IT FOSENT BOTHER OR HURT US WHRN U SAY FANDROIDS BUT
SO MANY I WORDS FOR THOSE SLAVES
54. Paden (Posts: 262; Member since: 07 Jul 2011)
Thank you for those intelligent posts, sir. The internet is better for it.
49. CUL8TR (Posts: 57; Member since: 01 Feb 2012)
THESE IFANS APPLE JUNKYS SKUM$ ARE BRAINWASHED THEY DONT HAVE ANY HART GSOH IN THEM IT LOOKS ALL WHO OWNS APPLE ARE DOPEY$ CANT GET ANYTHING THRO THERE IDIOTIC HEADS THERE THE SATANS BAD PEOPLE WHO HAVE NO KNOWLEDGE NOT DOWN TO EARTH
50. CUL8TR (Posts: 57; Member since: 01 Feb 2012)
WE ANDROID COME IN UR FORUM TERIOTRY AND DISGARCE YOU PUT U DOWN BASH U TRASH CAUSE YOUR MESSING WITH FREEDOM WHEN U ARE CONTROLLED RESTRICTED WE CALL U SO MANY NAMES THAT PHONEARENA HAS BANNED BUT FANDRIOD AINT IT SHOWS IT GETS U HERTS U BUT U STILL CANT DISPUTE WITH US
APPLE SHALL DIE PHASE
WHEN PEOPLE STARTS TO REALIZE AND BECOME WIZE
WELL STEVE JOB IS DEAD SO SHALL APPLE
WHAT A RIP OFF PRODUCT THEY MAKE
52. jstoned (Posts: 36; Member since: 22 Dec 2011)
that is why I love Moto. F^%*k apple and their communism and all there retarded Itards.Go moto. stick it to those idotic socialists. stick it to them hard.
57. stealthd (Posts: 968; Member since: 12 Jun 2011)
Don't worry guys, the ban's been lifted already. That didn't take long.
58. paulyyd (Posts: 327; Member since: 08 Jan 2011)
Yeah bans gone, this article needs to be updated