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Motorola's injunction againt Apple important, but also not likely to last

Posted: , by Scott H.

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Motorola's injunction againt Apple important, but also not likely to last
After a German court awarded Motorola a preliminary injunction against Apple, there was a lot of speculation on how big of an impact it would be on the consumers, and how likely the injunction was to stand. German legal professionals have now weighed in, communicating with Florian Mueller of FOSS Patents.

Mueller reports that legal experts made it clear that the preliminary injunction against Apple Inc. is a very serious ruling. While the injunction is not specifically against the German subsidiary of Apple, allowing current stock to sell through, Apple would violate the injunction if they were to ship any more stock into Germany. Since retailers are selling out their stock of iOS devices on a regular basis, this would quickly impact the ability of Apple to sell products to German customers.

Luckily for Apple the same legal experts think it’s more likely than not that Apple will be able to win a temporary suspension of the injunction, which would allow them to continue importing Apple products into the country until a final verdict is reached.  In the mean time, two more Motorola-Apple trials have been scheduled, including some that target "other Apple entities".  According to Mueller, it's difficult to know ahead of time what the most likely outcome is, but Apple's legal strategy now entails greater risk then it did before.

source: Foss Patents via Apple Insider

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posted on 08 Nov 2011, 11:12 14

1. ZEUS.the.thunder.god (unregistered)


go MOTO .....now crapple gonna feel d heat ..

posted on 08 Nov 2011, 14:43 5

67. andro. (Posts: 1944; Member since: 16 Sep 2011)


They gonna make a nice hot apple tart from them.......actually wait a second the Cr...apple used will prob be rotten

posted on 08 Nov 2011, 23:53

92. Lucas777 (Posts: 2131; Member since: 06 Jan 2011)


haha dont worry everyone its alright for motogoog to be anticompetitive but lo and behold apple sues samsung and its oh apple is trying to take ovr the world… come on… at least dont be hypocritical

posted on 08 Nov 2011, 11:19 2

2. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Bullcrap, this is extortion. Instead of leading by innovation, Motorola is using lawsuits that makes no damn sense.

posted on 08 Nov 2011, 11:29 13

3. ElectroManiac (Posts: 47; Member since: 29 Sep 2011)


Sounds like what apple did to samsung.

posted on 08 Nov 2011, 11:31 11

5. maxican16 (Posts: 363; Member since: 29 Sep 2011)


So it was OK for apple to do this? What goes around, comes around.

posted on 08 Nov 2011, 11:35 9

8. ilia1986 (unregistered)


Bull crap, this is extortion. Instead of leading by innovation, *Apple* is using lawsuits that make no damn sense.

Here, Miz. I corrected you.

posted on 08 Nov 2011, 11:41 5

10. iamcc (Posts: 1319; Member since: 07 Oct 2011)


The_Miz has to be making a funny.

posted on 08 Nov 2011, 11:43 8

11. SuperAndroidEvo (Posts: 3981; Member since: 15 Apr 2011)


It's very simple. Apple is now getting a taste of their own medicine. KARMA is a b*tch.

This was a long time coming!

posted on 08 Nov 2011, 12:03 5

15. ilia1986 (unregistered)


I still can't get over that IDIOT Samsung lawyer who couldn't spot a difference between an iPad and a Galaxy Tab - a product that the company he is representing makes FFS!!

posted on 08 Nov 2011, 12:36 1

17. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I guess Samsung did a really good job mimicking the iPad.

posted on 08 Nov 2011, 12:49 8

21. ilia1986 (unregistered)


Except it didn't. There is nothing in common between the two devices, except both of them having a black bezel around the screen, angular edges, and being very thin.

posted on 08 Nov 2011, 14:44 1

68. andro. (Posts: 1944; Member since: 16 Sep 2011)


yes because its touch screen and rectangular apparently so its must be the exact same as the isad

posted on 08 Nov 2011, 12:48 4

20. SuperAndroidEvo (Posts: 3981; Member since: 15 Apr 2011)


I know that was a very sad day for Samsung!

posted on 08 Nov 2011, 12:58

23. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Think about it, from 25ft away they look pretty similar. If his eyesight wasn't perfect it would be a tough call to make in my opinion...

And from what I recall 25ft was the distance at which the lawyer was unable to differentiate.

posted on 08 Nov 2011, 13:00

25. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


It was 10 feet. They look similar from 1 foot away.

posted on 08 Nov 2011, 13:07 3

27. ilia1986 (unregistered)


Riight...

http://www.cybervally.com/wp-content/uploads/2011/04/galaxy-tab-10.1-vs-ipad-2-1.jpg

They look absolutely similar. Except the fact that one is more rectangular-shaped, has no front physical button, has its FFC on one of its longer sides, and so on /sarcasm.

And that's just from the front. From the back - they are completely different.

I'm not even talking about the actual hardware and software..

Seriously - if you can't differentiate between those two 4 meters away - you got some serious vision problems.

posted on 08 Nov 2011, 14:38 1

61. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Holy s**t for once you are correct. It was ten feet, and they do look similar from one foot away.

Key word being SIMILAR. Not IDENTICAL.

posted on 08 Nov 2011, 13:25 6

35. SuperAndroidEvo (Posts: 3981; Member since: 15 Apr 2011)


Ok but the iPad is more square looking because of its 4:3 aspect ratio. The Galaxy Tab 10.1 is more rectangular because of its 16:9 aspect ratio. They really don't look similar even from 25 feet. I can definitely tell the difference between them both. I really think Samsung’s lawyer dropped the ball on that one!

posted on 08 Nov 2011, 14:42

65. andro. (Posts: 1944; Member since: 16 Sep 2011)


it makes as much sense as apple trying to sue every company that has a touch screen phone,sometimes the only way to fight fire with fire and apple has many pending law suits on which its getting burnt

posted on 08 Nov 2011, 11:30 4

4. gallitoking (Posts: 4684; Member since: 17 May 2011)


Moto wants to do what Samsung couldnt....

posted on 08 Nov 2011, 11:33 5

7. maxican16 (Posts: 363; Member since: 29 Sep 2011)


Google bought Motorola's IP, which they immediately shared with HTC and could easily share just the same with Samsung. All to protect Android. Hopefully both sides can come to an agreement and put a stop to this litigious nonsense.

posted on 08 Nov 2011, 13:17 6

30. remixfa (Posts: 13903; Member since: 19 Dec 2008)


Thats what I'm hoping for. The only way to get apple to stop is to push them into the corner and scare them by beating them at their own game. Then maybe they can come to some amicable non-suing agreement or something

posted on 08 Nov 2011, 14:08

54. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Make a good phone without copying competition?

posted on 08 Nov 2011, 14:47 7

70. andro. (Posts: 1944; Member since: 16 Sep 2011)


Actually motorola have been making good phones long before apple even considered entering the mobile phone world

posted on 08 Nov 2011, 11:33 8

6. ZEUS.the.thunder.god (unregistered)


i dont understand why PA try to save crapple`s a$$ everytime.. ..lol

posted on 08 Nov 2011, 11:37 9

9. windowsRocks (Posts: 152; Member since: 28 Oct 2011)


If every apple competitor starts doing such things then apple will end up with no invention other than Stealing software.........lolz

posted on 08 Nov 2011, 11:45 6

13. ilia1986 (unregistered)


Which they already do.

posted on 08 Nov 2011, 14:38 5

59. remixfa (Posts: 13903; Member since: 19 Dec 2008)


isnt that where they are at right now?? ive heard of all these amazing features in iOS5 like OTA updating, cloud services, drop down notifications... where have i heard them before?? hmmmmm??

posted on 08 Nov 2011, 15:07

76. gallitoking (Posts: 4684; Member since: 17 May 2011)


I heard of touchwiz.. were have i seen that before?...hmmmm

posted on 08 Nov 2011, 11:44 5

12. bluechrism (Posts: 99; Member since: 09 Sep 2011)


For a long while, Motorola, Nokia and Ericsson and the other early players in mobile came to agreements on use of the patents. Perhaps royalties or other things were paid.

It fells recent that companies have stopped trying licence patents, or agreeing to license terms, and instead have been demanding others stop selling their products. Apple have been at the forefront of this, with the long running dispute with Nokia, as well as Motorola and the tablet wars where their action seems monopolistic.

New patents they have seem broad ranging (slide to unlock for one, and many felt the patent for the ipad could see digital photo frames fall foul of). I have no sympathy for apply if the other modile companies who have been in the game much longer than them take stand and reciprocate apples demands to restrain trade of devices.

It would be better for all concerned if they could agree to license one-another, or judges could decide that rather than block sales, company A would simply pay company b x per device for a given patent, if the two companies couldn't agree on a license amount themselves.

posted on 08 Nov 2011, 11:50 7

14. ilia1986 (unregistered)


Thing is - a company so arrogant as Apple would NEVER allow anyone else to use their allegedly invented technology. Even for a fee.

posted on 08 Nov 2011, 12:22 4

16. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


According to fandroids Motorola should innovate instead of sue. I guess they can't compete.

posted on 08 Nov 2011, 12:42 8

18. Sniggly (Posts: 6920; Member since: 05 Dec 2009)


Motorola *does* innovate. See: DROID Razr.

This would just be an example of making the God King bleed. Apple thought it could sue the s**t out of everyone for making touchscreen rectangles while ripping off the cellular technology everyone else spent decades developing. Well, looks like they can't do that anymore.

posted on 08 Nov 2011, 12:45 1

19. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Those are your words sniggly. You said Apple shouldn't sue and compete by innovating instead.

Other than form factor there's nothing unique about the razor

posted on 08 Nov 2011, 12:55 5

22. ilia1986 (unregistered)


And what is unique about the iPhone 4S?

Siri? Nope. Demonstrated it can run on the i4 and the 3GS as well.

posted on 08 Nov 2011, 12:58 7

24. iamcc (Posts: 1319; Member since: 07 Oct 2011)


taco you are so f**king dumb it makes me laugh. Please never stop posting here.

posted on 08 Nov 2011, 13:01

26. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Care to elaborate?

posted on 08 Nov 2011, 14:22 5

57. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Yeah, myself and other people have mentioned MANY TIMES in MANY ARTICLES that the differences in the patent lawsuits is that Apple is the only company who's only objective is to ban their competitors products.

If you do some patent research (which I have) you will find that in the past the ONLY reasons companies have even threatened banning products is to get royalties from other companies using their ideas.

How the hell do you not see that as totally different? The reason patents were created was so that people wouldn't be left high and dry after inventing something. Meaning that they could always profit from their idea even if they themselves weren't using it directly. Patents were not created to allow monopolies in new industries such as TOUCH SCREEN f**kIN CELL PHONES.

Now do you understand? It's english 101 you dumb ass.

posted on 08 Nov 2011, 13:10 7

28. Sniggly (Posts: 6920; Member since: 05 Dec 2009)


Yep. I said that. And it remains true. Apple has stalled in the innovation department and instead has sued the hell out of the companies whose hard work has made the iPhone possible.

And if you bothered to read anything about the DROID Razr you'd know that it has more than just looks on its side.

posted on 08 Nov 2011, 13:15 7

29. ilia1986 (unregistered)


Sniggly is right. Without the driving force of Mr. Jobs, all Apple can do now is make incremental upgrades to its products. And according to my predictions - by 2014 Apple will fall apart.

posted on 08 Nov 2011, 14:39 3

62. remixfa (Posts: 13903; Member since: 19 Dec 2008)


what im hoping for is without the driving force of steve job's bad ego and attitude, the lawsuits will settle down and they will start to hire new blood to innovate.. instead of hiring new laywers.

posted on 08 Nov 2011, 14:49 3

72. andro. (Posts: 1944; Member since: 16 Sep 2011)


Unfortunately in the world of apple its a take the money from idiots from ios sales or relentless sueing of those who know better kinda mentality

posted on 08 Nov 2011, 15:08

77. gallitoking (Posts: 4684; Member since: 17 May 2011)


@Ilia 2014???? wow not long ago you only gave it a year...hmmmm but then again your prediction of a free world aint going too well..so.....

posted on 08 Nov 2011, 20:48 1

88. Johnny_Mnemonic (Posts: 240; Member since: 05 Oct 2011)


Ilia you got that right 2 thumbs up

posted on 08 Nov 2011, 13:19 1

32. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


So Apple should not sue, but Motorola should? What is the logic there?

posted on 08 Nov 2011, 13:25 4

36. ilia1986 (unregistered)


Apple should NEVER have sued for having competitive products to be banned from being sold. Ever. And now - after such a move has angered several large companies around the world - it gets to have a taste from its own medicine.

Cause and effect. And no - it wouldn't have been vice versa, given the similar circumstances.

posted on 08 Nov 2011, 13:30

39. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Ilia do you know that Motorola filed this lawsuit before any of Apple's?

Being that Motorola sued first do you still think its ok?

Also what are your 2014 predictions based on? Have you been in Sniggly's kitchen?

posted on 08 Nov 2011, 13:33 5

40. ilia1986 (unregistered)


Sued first? Maybe.

Demanded that its competitors' products get banned from being sold in an entire freaking country for an indefinite time while refusing to negotiate an alternative option including royalties? Hell no.

posted on 08 Nov 2011, 13:28 6

38. Sniggly (Posts: 6920; Member since: 05 Dec 2009)


Okay, Taco, I'll humor you:

Apple should not sue if it expects to simultaneously steal decades' worth of work from other companies and not have them come after it with lawsuits.

Apple stole cell tech from Motorola and Nokia and uses parts manufactured by Samsung and LG.

Since Motorola has generally done things on its own, developed its own tech, created relatively unique device/software aesthetics, and has not been paid a red cent by Apple for the theft of their very important cellular technology, Motorola can by all rights sue.

Basically: Apple can't have its cake and eat it too. If everyone else's IP is fair game to be stolen by it, then it can't reasonably expect everyone else to back off its own IP.

posted on 08 Nov 2011, 13:38

43. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


So Apple is stealing Motorola's ip and Motorola is stealing Apple's ip. They will go to court and whoever has merit will win the case.

Welcome to business 101. Please don't pretend like you understand these patents and who's in the right and wrong.

You are a troll however because you're completely anti Apple regardless of any facts.

posted on 08 Nov 2011, 13:42 4

45. Sniggly (Posts: 6920; Member since: 05 Dec 2009)


I'm anti hypocrisy. I hate what Apple's doing because they created a double standard. "Our IP can't be stolen but we can steal everyone else's."

If they didn't have this attitude, if they WERE paying royalties to Moto and others for the use of their IP, then yes, they would be okay when they sued.

However, this is not the case. And you f**kING KNOW IT, Taco.

posted on 08 Nov 2011, 20:52 2

89. Johnny_Mnemonic (Posts: 240; Member since: 05 Oct 2011)


What are you taking about Taco Apple was the one that started suing

posted on 08 Nov 2011, 13:22

34. gallitoking (Posts: 4684; Member since: 17 May 2011)


Sniggly... the Droid Razr... is a result of many Motorolas fails... (T-Bolt, Bionic) they have to get something right?... besides you havent had a Razr in your hand to evaluate... so use the another example please..

posted on 08 Nov 2011, 13:26 5

37. ilia1986 (unregistered)


How exactly is the Bionic a failure?

And the T-bolt is an HTC device..

posted on 08 Nov 2011, 13:49

49. gallitoking (Posts: 4684; Member since: 17 May 2011)


they delayed the Bionic about half a year... and finally after they released a month later they released or planning the released of the Razr... some Bionic buyers are upset at Moto for doing this.... true about the T-Bolt... my bad... but the Bionic.. it is.. read the news about Bionic owners...

posted on 08 Nov 2011, 14:41 3

63. remixfa (Posts: 13903; Member since: 19 Dec 2008)


uhh.. what did he say?? sniggly, can you like.. translate.. or some..thing?

posted on 08 Nov 2011, 13:36 8

41. Sniggly (Posts: 6920; Member since: 05 Dec 2009)


You just named the Thunderbolt as a Motorola fail. Way to fail yourself, Gallito.

And no, I don't have a Razr personally yet. However, I do have reviews which are strongly positive across the board from many tech sites like Engadget, CNET, Boy Genius Report, our own Phonearena, and Gizmodo.

So...yeah. The Razr isn't the piece of crap you want to believe it is.

posted on 08 Nov 2011, 13:40

44. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


The razor is a good phone, but it's not innovative. It's on par with the 4S in specs other than LTE.

I'll point out screen size is a preference so not everyone wants bigger.

posted on 08 Nov 2011, 13:43 6

46. ilia1986 (unregistered)


Really? Let's see..

S-Amoled >>> LCD

4.3" >>> 3.5"

1.2 Ghz Dual core >>> 0.8Ghz Dual core

1Gb Ram >>> 512Mb Ram

7.1 mm >>> 9.4 mm

Oh yeah - there's also LTE

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