Two German courts say Apple infringed on two Motorola patents
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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
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81 Comments
1. Sniggly posted on 05 Nov 2011, 03:23 30 3
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 posted on 05 Nov 2011, 03:56 20 0
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 posted on 05 Nov 2011, 05:05 15 0
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 posted on 05 Nov 2011, 09:32 4 0
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 posted on 05 Nov 2011, 09:27 5 0
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 posted on 05 Nov 2011, 14:55 4 0
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. posted on 06 Nov 2011, 12:58 1 0
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 posted on 05 Nov 2011, 03:29 18 0
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 posted on 05 Nov 2011, 03:48 11 0
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 posted on 05 Nov 2011, 09:01 2 1
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 posted on 05 Nov 2011, 10:43 2 1
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 posted on 05 Nov 2011, 18:03 0 0
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 posted on 05 Nov 2011, 21:02 0 0
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 posted on 05 Nov 2011, 17:45 1 0
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.
67. AndroidOS posted on 05 Nov 2011, 21:03 0 0
Exactly.
71. Jobes posted on 06 Nov 2011, 03:43 1 0
Totally agree. Perfect words..well said.
6. XiphiasGladius posted on 05 Nov 2011, 03:51 8 0
Now things are getting more and more interesting. . . Lawyers are the true winners anyways. . .
