Two German courts say Apple infringed on two Motorola patents
The documents involved in this case appear to show that all of Apple's mobile devices are affected by the ruling and could lead to damages on shipments dating back to April 2003. And while Motorola can ask for a ban on the shipping of Apple products to the country, it is unclear what the company's intention is. Motorola did say that it plans on defending its intellectual property while still making them available to end-users.
Of the two patents involved (EP 1010336 (B1) and EP 0847654 (B1)), Motorola has already said that one of them (U.S. Patent No. 6,359,898( is important when it comes to GSM, UMTS and 3G standards and the second patent is also likely to be valuable. Remember, Motorola was one of the tech firms involved in developing the cell phone and the company owns a boatload of patents which is what made the company so attractive to Google.
There has been some speculation that Apple lost this case on purpose in order to appeal, but that sounds very unlike WWSD. Still, it was a default judgment-a mere technicality and not a judge's decision on the merits of the case- that earned Motorola the injunction. Simply put, Apple did not respond to Motorola's filing (perhaps on purpose?) which is why the courts ordered the injunction against them. Apple elaborated a bit more on the default judgment on Friday night by saying, "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time." Nonetheless, an injunction was granted which means Motorola may still have final say on which Apple products stay on the shelves in Germany and which ones will be blocked. While Motorola could do to Apple that which Apple has done to Samsung, Motorola CEO Sanjay Jha might consider it more punishing to Apple to relieve the company of some of its mountains of cash and let Motorola profit from Apple's popularity by licensing the patents involved.
source: SCRIBD via Engadget
1. Sniggly (Posts: 7177; Member since: 05 Dec 2009)
I say go for royalties. Don't limit the free market, but beat Apple at their own game. Lessen a bit of the profit they make on each infringing device.
I wonder if Moto would've won if Apple had responded. Perhaps they didn't respond because they had no case and would have lost anyway?
7. bobfreking55 (Posts: 866; Member since: 15 Jul 2011)
The iPhone is Apple's only phone. Unlike the other manufacturers that have many phones. If their only phone was banned, goodbye sales.
And I personally think Google is not very aggressive with this stuff. They build defenses but they don't sue. I think they're simply not stooping down to apple's level.
I hope Google Brings this to many countries so that many people would save their money in buying such overpriced iPhones. Banned!!!
12. rycx365 (Posts: 37; Member since: 18 Mar 2011)
Moto should charge apple crazy high for the patents and apple will have no choice but to comply if they still want to sell the iphone
29. Droid_X_Doug (Posts: 5921; Member since: 22 Dec 2010)
A crazy high royalty would run afoul of Fair and Reasonable (FRAND) guidelines (the same objection Apple is making about Samsung's 3G patent infringement actions).
28. Droid_X_Doug (Posts: 5921; Member since: 22 Dec 2010)
If you charge Apple royalties, they will keep on making $ on the iPhone sales and not change their litigious behavior (they are on track to 60% of industry profits...).
A sales ban gives them a taste of their own medicine (and potentially gives them more incentive to end the silliness).
55. ledbetterp3 (Posts: 467; Member since: 31 Aug 2011)
All I say is go Motorola! Take apple's cash, and create more high-end phones! I personally would like to see Motorola's phone sales go up...
74. andro. (Posts: 1971; Member since: 16 Sep 2011)
Indeed as soul satisifying it would be to see Apple products being banned from sale after all the childish legal antics from Apple recently its much better for motorola to make a fortune from royalties from every iphone sale.
That way will hit apple harder knowing those islaves money is not all going into their pockets but some is going to their bigger ios rival,while also maybe making apple think twice about trying to sue people over phones having touchscreens and other such nonsense
3. Whateverman (Posts: 3231; Member since: 17 May 2009)
Wow! Sounds like Moto/Google may have Apple by the grapes with this one. I wonder if they will take this lawsuit worldwide.
4. AndroidOS (Posts: 100; Member since: 21 Jun 2011)
I personally would take it worldwide. I don't see why not.
Would I try to get them banned? Ehhhhhh, I don't know.
25. bossmt_2 (Posts: 437; Member since: 13 Oct 2009)
No, no banning. If the shoe was on the other foot you'd be crying about banning. What Moto should do (though I imagine damages were included in the filing, I would say I want a few bucks for every handset (like winmo does) or ban. THey'll take the bucks cause it's much better than fighting it through the courts while your product is banned.
34. AndroidOS (Posts: 100; Member since: 21 Jun 2011)
Sooo, Moto shouldn't ban because if the shoe was on the other foot I would be crying?
Anyway it's up to them to ban or license. Either way they would make money.
59. bossmt_2 (Posts: 437; Member since: 13 Oct 2009)
It's called hypocrisy, if you are cool with Motorola banning the iPhone you're cool with with Apple banning Moto or Samsung.
66. AndroidOS (Posts: 100; Member since: 21 Jun 2011)
Actually I wouldn't be being a hypocrite. If Motor banned Apple everyone would think it would be okay because they aren't the ones trying to ridiculously sue everyone and automatically go for a ban instead of royalties all the time.
So your statement makes no sense.
58. tedkord (Posts: 5116; Member since: 17 Jun 2009)
Well, generally, I am against killing. But I don't cry when a murderer is killed. It's not so upsetting when cosmic justice is handed out.
6. XiphiasGladius (Posts: 804; Member since: 21 Aug 2011)
Now things are getting more and more interesting. . . Lawyers are the true winners anyways. . .
8. remixfa (Posts: 14066; Member since: 19 Dec 2008)
so they won on the same type of case that Samsung is suing them over. Wonder if that helps samsung's case at all.
I say, ban the iphone in all the countries the iphone has successfully banned another product, and collect royalties from the rest. :) They would be like the 4th person to take a cut of iphone products.. lol.
9. XiphiasGladius (Posts: 804; Member since: 21 Aug 2011)
Makes me wonder if that Apple Pie is really delicious, since many of them has already took a slice of that so called Apple Pie. LOL
10. remixfa (Posts: 14066; Member since: 19 Dec 2008)
Ask Nokia and MS (and a few patent holders)... they make more off of Apple products than they do off their own.. lol.
52. Jobes (Posts: 364; Member since: 27 Oct 2011)
Android pie is open source and delicious.. filled with so many goodies that anyone can enjoy. Apple pie is just apple.. meh
56. ledbetterp3 (Posts: 467; Member since: 31 Aug 2011)
taco is right, android too, well phone manufacturers for android...
57. remixfa (Posts: 14066; Member since: 19 Dec 2008)
Do some research, taco
MS OWNS like 25% of Apple.. They dont get royalty payments from the iphone, they get 25% of all profits. Thats way more than they make from WP7.
Nokia just got a huuuuge lump settlement and permanent profit sharing from iphone sales for patent infringements.
And there are a half a dozen smaller companies that do the same.
No matter how much you turn a blind eye to apple, the rest of the world doesnt. They are notorious theives and copywrite infringers.
There are people making money off android, but nowhere near the amount that they make off Apple.
61. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
You're wrong as usual. Microsoft bought stocks in Apple back in 97 that expired. They no longer own anything from Apple.
YOu repeat the same lame arugments even though you're wrong over and over.
Can you share Microsofts profits from Apple vs Android from a reliable source?
72. remixfa (Posts: 14066; Member since: 19 Dec 2008)
Stocks dont expire dodo. a stock is an ownership stake in the company until you decide to sell it. MS has not sold their stock in Apple. And as a reminder SJ BEGGED MS to buy all that stock so they could raise capital to get the failing company off the ground.
So to twist something that you continually say,
Every time you use your iphone, you should thank Bill Gates.
75. gallitoking (Posts: 4690; Member since: 17 May 2011)
Microsoft purchased $150 million of non-voting Apple stock as part of a resolution to a long running legal dispute over their use of certain features that resembled those used in the Mac. The stock was later sold back to Apple for a profit.
REMIX.... wrong.... trying to sound smart and turn you into an idiot.... welcome to the club...
11. Le05K (Posts: 18; Member since: 04 Nov 2011)
All of them should stop it it's bulls**t, if they ban the product we as customers have nothing to play with and nothing to complain about, if thy call for royalties we as customers will pay for it. Lawyers are the winners no mater the result and we all lose.
any way is good that Apple taste it's own medicine:D
13. ardent1 (Posts: 1997; Member since: 16 Apr 2011)
Apple wants to show that Motorola as well as Sumsung are engaging in anti-competitive practices as part of the Android conspiracy. This is the likely scenario when Apple appeals the decision.
With Google buying Motorola, and then giving HTC ammo to sue Apple, and with the recent Samsung FRAND fiasco, the Android camp is looking jejune. It's got anticompetitiveness written all over it. The fact is Apple has been around the block a lot longer than the Android camp.
19. jacko (unregistered)
u keep thinking that if it makes u happy
its apple that's being anticompetitive
*pats taco on the back* its ok man dont cry
22. ardent1 (Posts: 1997; Member since: 16 Apr 2011)
The android fan club missed the simple fact that the European Commission is currently looking into Samsung's anticompetitive behavior to date. The truth hurts.
49. Jobes (Posts: 364; Member since: 27 Oct 2011)
And your missing the simple fact that this has nothing to do with Samsungs lawsuit :) So your saying Moto is being anti-competitive by doing the same thing to Apple that Apple did to Samsung? WOOOOOW So if its Apple chewing on other companies its ok but when other companies gnaw on that granny smith OH SH*T HOLD THE PHONE.. THATS ANTI-COMPETITIVE!!!!
26. cnwwyo (Posts: 126; Member since: 26 May 2011)
but if the tables were turned, it would be ok right? loool everybody is just mad because apple is losing at their own game
30. ZEUS.the.thunder.god (unregistered)
u r right sweety
14. akhi216 (Posts: 61; Member since: 01 May 2011)
Siri, why did your makers infringe on Motorola's intellectual properties?
15. XiphiasGladius (Posts: 804; Member since: 21 Aug 2011)
"Sorry I can't answer that right now"
16. bigboss (Posts: 74; Member since: 26 Oct 2011)
"Now I can answer. They wanted to sue Motorola,demanding the patent to to be theirs. Alas! Motorola appealed appealed before. ;-(
17. darac (Posts: 2156; Member since: 17 Oct 2011)
Well, very few people know that crapple paid over 700 million to Nokia, back in 2010.
It was an off court settlement over the patent infringement.
Now I'd like to see them banned worldwide, lol.
It would be only fair.
18. warlockz (Posts: 156; Member since: 10 Oct 2011)
Apple continues to spiral down with bad news, issues with their dissapointing 4s, patents, and fans who only know how to say "iphone is the best" lol what goes around comes around apple!
32. roscuthiii (Posts: 1863; Member since: 18 Jul 2010)
Jobs is gone, the Reality Distortion Field is breaking down.
50. Jobes (Posts: 364; Member since: 27 Oct 2011)
The reality is the "Reality Distortion Field" was never really there it was just a figment of Jobs imagination =P
20. ZEUS.the.thunder.god (unregistered)
crapple is disgusting..
23. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)
Siri why am iam i getting sued is it because we are assholes?
27. cnwwyo (Posts: 126; Member since: 26 May 2011)
Funny how the 2 jotos arent saying anything.......loooool, (Tacito, Gallito)
31. ZEUS.the.thunder.god (unregistered)
they r crying home alone:)
35. mukrenol (Posts: 90; Member since: 03 Sep 2011)
you always have some explanation for apple's move or lost...
36. gotti88 (Posts: 101; Member since: 06 Jul 2011)
i think they should license there product hell apple license every darn thing.... who in the hell would license "slide to unlock" thats just childish of apple
37. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
And all the fandroid hypocrites show their true colors. When Apple sues its anti competitive and the lawsuit has no merit. When Apple gets sued its no longer anti competitive and everything is dandy. In fact some of the comments are asking for an iPhone ban while you complain when Apple does the same.
40. taz89 (Posts: 2014; Member since: 03 May 2011)
apple started with the banning so if anyone does try to ban them they deserve it..personally i dont think anyone should be allowed to ban ANY products
41. Sniggly (Posts: 7177; Member since: 05 Dec 2009)
Taco, it's been explained to you dozens of times what the issue is. The issue is that Apple treats its own patents like fire from the Gods and sues the s**t out of companies who dare make a rectangle with a touchscreen, aiming to have them completely removed from the market, while never bothering to pay a single red cent to anyone else in the cell phone industry or acknowledge all the hard work the other companies did to develop the tech that devices like the iPhone rely on.
It is APPLE'S HYPOCRISY THAT WE GET PISSED AT, AND THE REASON WHY WE THINK IT'S FUNNY WHEN SOMETHING LIKE THIS HAPPENS.
Now, Taco, I want you to repeat my entire comment verbatim so that I know you actually read it.
42. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Starting the lies early today? Apple does pay royalties and settlements. Motorola sued Apple first before any of their mobile lawsuits. So by your fandroid logic motorola is the aggressor here.
44. Sniggly (Posts: 7177; Member since: 05 Dec 2009)
Apple has paid one royalty settlement to a cell phone company, to Nokia, after Nokia dragged them through court. Got any others? I'd like to hear them.
Motorola only sued after trying for years to get some kind of payment out of Apple for the patents that Apple violated. The patents that Moto holds are over tech for cell phones, tech that Moto obviously developed and Apple didn't. Apple has been suing over bulls**t like pinch to zoom and general design cues. "Oh dear! We figured out that if someone slides their fingers together on a touchscreen we can make it zoom out on whatever the person is viewing! We make a phone that's a rounded rectangle with a touchscreen! NO ONE ELSE CAN MAKE ANYTHING THAT USES ROUNDED RECTANGLES AND TOUCHSCREENS!!!!"
Now, as for Motorola: "we've spent decades and millions of dollars building phones that have better battery life, reliability, and reception. We've helped develop the standards which cell phones use to communicate today. Oh, Apple, you want to use all the tech that we've developed? That's cool. We'd just like some compensation for all the time and money we've put In for you. Apple? Apple, can you hear us? We'd just like some recognition for the decades we've spent doing all the heavy lifting. Apple, come on. This isn't funny anymore."
60. iamcc (Posts: 1319; Member since: 07 Oct 2011)
As I have proven in other threads this is pretty much the first time a company has used patents without the intention of collecting royalties from them.
They are scared of the competition so they want to ban their products. They should be scared too because the only people left supporting this nonsense are morons like you taco.
Do the world a favor and make an appointment to get fixed the last thing we need is people like you reproducing.
62. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Apple is scared of competition. LMAO, they own over 50% of cell phone industry profits. They're crushing everyone in their path.
If Apple's patents and design are worthless why is everyone copying them? Why did android come out with a bunch of copycat tablets after Apple created the iPad?
64. iamcc (Posts: 1319; Member since: 07 Oct 2011)
Just because they profit more doesn't mean they aren't scared of competition you dumb ass.