Apple fails to win a ban on the Motorola GLEAM in Germany

Apple fails to win a ban on the Motorola GLEAM in Germany
The Motorola GLEAM is a classic clamshell phone that offers no bells and whistles whatsoever. However, Apple wants the device banned in Germany anyway for infringing on one of its patents. The patent in question describes a "computing device with dynamic ornamental appearance", which is the European equivalent for the "active enclosure for computing device" patent, which Apple also holds. The GLEAM supposedly infringes on that patent with its animated illuminations, which are displayed on its flip cover when a call or a message is being received.

Now, what Apple is actually trying to do here does not have that much to do with the GLEAM as much as it has to do with the Samsung Galaxy Nexus. If Apple wins an injunction on the GLEAM for infringing on that patent, other devices that violate it will also be banned from the German market. And the Samsung Galaxy Nexus with its RGB LED notification light is supposedly one of them.

Unfortunately for Apple, the Munich I Regional Court does not believe that the GLEAM and the rest of devices that supposedly violate the patent must be banned. That is because although Judge Peter Guntz thinks that the GLEAM infringes on the patent, he is having serious doubts about the validity of Apple's patent itself. That is why the case will be put on hold until a simultaneous case confirms whether the patent in question is valid or not.

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15 Comments

1. putes

Posts: 38; Member since: Nov 03, 2011

It is about time the judges got smart about the validity of many of the patents from Apple.

2. RazaAsad

Posts: 100; Member since: Nov 24, 2011

Apple is a sick brat and pathetic.

3. 9_HeLLs_oF_DrOid

Posts: 127; Member since: Jan 02, 2012

Steve Jobs or Tim Cook, Apple will be Apple!

4. RaKithAPeiRiZ

Posts: 1488; Member since: Dec 29, 2011

dynamic ornamental my ass ....

5. thelegend6657 unregistered

Fair judge

6. darktranquillity

Posts: 285; Member since: Feb 28, 2012

amazed to see that there are still judges with commonsense left in germany.

7. Carlitos

Posts: 673; Member since: Oct 23, 2011

Great at least there is a judge out there with common sense. Apple has been suing non-stop and the only big manufacturer able to block off most of them is Motorola, no wonder google bought them they have so many patents.

8. andro.

Posts: 1999; Member since: Sep 16, 2011

If Apple thinks their products are so good and claim to its ifans that its idevices change the world then why is it so afraid about competitors?! Surely the easiest thing to do is when companies currently have better products and a more popular os than theirs that Apple would seek to innovate and enhance their own products to stay ahead but instead apple try to relentlessly and pathetically sue or ban its competitors for ridiculous claims and re-release pretty much the same product year after year just with an $ added to its name. Ultimately its the ifans are too blame for all this for buying into apples pr advertising and continually drooling money buying apple products over and over again.

9. spiderpig2894

Posts: 597; Member since: Jan 10, 2012

WHAT?????? also the RGB LED Notification lights??? WTF!!!!! every phone needs that APPLE... i also remembered SE's clamshell phone like the motorola gleam...

10. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

I can't believe some of the bulls**t patent offices allow. I wonder what's cheaper overall in the long run: hiring an independent 3rd party reviewer to toss out invalid patents, and maybe a few performance evaluations for patent clerks, or continue paying the lawyers' fees and court costs of litigation? "Computing Device with dynamic ornamental appearance." "Active enclosure for computing device." "Seriously?!"

15. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

And, because I don't believe in just beating a dead horse, but doing horribly unspeakable things to the carcass as well... I had a phone on Verizon, the Verizon CDM-8940 (on page 5 of Verizon's discontinued list of phones) that had a little circle around the music controls just below the exterior display that would light up different blinking colors when the phone rang or messages were received. No real purpose than to be pretty. (I think it even did it when music was played, but I could be wrong about that since it's been a while.) How was that not dynamic ornamental appearance? How about any gaming rig with lights that are just for show? Was that not dynamic ornamental appearance on a computing device?!

11. bayusuputra

Posts: 963; Member since: Feb 12, 2012

it's the apple and patent office scandal.. don't worry, we'll see some leaked "love" tapes in a few months time.. if apple doesn't behave like a rich, spoilt brat, i think i wouldn't hate its business practice so much.. they have quite good products, too bad they are delusional and scared to death of losing in battle.. what a whimp..

12. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

I guess 'Apple' is not the sweetest fruit after all.

13. -box-

Posts: 3991; Member since: Jan 04, 2012

That's a good looking phone... when are we going to get some decent non-smartphones in the U.S. again???

14. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Actually, yeah you're right. That is a pretty nice looking regular old phone. Seems to bear some of the last vestiges of the original Razr. If it weren't for my grandfathered unlimited data plan I'd consider dropping my smartphone and getting a phone like this & a tablet with a data plan instead.

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