Apple's legal woes continue, Motorola gets to enforce its push notification injunction

Apple's legal woes continue, Motorola gets to enforce its push notification injunction
The knocks just keep on coming for Apple’s German legal endeavors. After this morning’s dual rulings against the validity of certain Apple patents, we have just learned that a German appellate court has ruled in Motorola’s favor in yet another case, allowing them to maintain an injunction against Apple’s use of push notifications in iCloud and Mobile Me for the remainders of the appeals process. That process generally lasts a year or more, providing Motorola with some ongoing leverage as they negotiate patent licensing agreements behind closed doors.

Unlike the FRAND-related patent that was ruled inappropriate for an injunction during the appeals process, Motorola’s push notification patent is not a part of any standards requirement. After hearing from both sides, the German court was apparently not convinced that Apple has a sufficient likelihood of overturning the push notification ruling on appeal, so they ruled that justice would best be served by allowing the injunction to be enforced as the appeals process drags on.

We don’t expect this one win to be enough to get Apple to settle its lawsuits, but several of these sorts of victories would probably lead Apple to be more amenable to a traditional cross-licensing agreement with Android OEMs. Conversely, if Apple secures several victories they would see is as evidence that their patents are simply more valuable, and they would continue to expect large licensing fees and the right to deny or delay the implementation of some features Apple wants to keep to itself.

It turns out there is yet another ruling expected today in another case between Apple and Samsung, so Apple should still get a chance to bat .250 for the day.

source: FOSS Patents

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34 Comments

1. itiswhatitis

Posts: 423; Member since: Jan 23, 2012

@apple ah..oh!!

2. CM_Punk

Posts: 173; Member since: Mar 13, 2012

Leave it up to Motorola to come up with such a bs litigation.

6. LoneShaolin

Posts: 307; Member since: Jan 14, 2012

Aren't you too straightedged to use BS?

10. medicci37

Posts: 1361; Member since: Nov 19, 2011

No matter how many times you change your avatar & screen name, your comments still don't make sense...Miz :)

12. tedkord

Posts: 17131; Member since: Jun 17, 2009

Seriously. Why can't motorola sue for legitimate reasons, like rectangles and slide to unlock.

14. jroc74

Posts: 6023; Member since: Dec 30, 2010

lol!! Exactly....

3. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 2011

So the Google purchase of Motorola IS paying dividends! Savvy move by Google!

4. GuiltyBystander

Posts: 199; Member since: Mar 05, 2012

This day just keeps getting better and better :).

8. ZEUS.the.thunder.god unregistered

its actually an awesome day:)

11. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Oddly enough, it was pouring here this morning. I was about to take a quick step outside when I'd noted the article earlier involving the other two German court rulings. Stepped outside and the sun was shining; shining so bright I'd wished I'd brought sunglasses today. Just a moment ago, a guest entered the building mentioning he was so rapt in new iPad that he almost missed his appointment. A cloud passed in front of the sun at that exact moment.

5. snowgator

Posts: 3614; Member since: Jan 19, 2011

Okay, I have lost track- out of the 300,000 lawsuits out there, is it Android 120,00 to Apples 119,000 with 61,000 to go, or is it the other way around?

9. Scott_H

Posts: 167; Member since: Oct 28, 2011

I think your win ratio is right, but you're ignoring the larger number of stayed or tossed out cases. Out of your 300,000 lawsuits it's more like 12 for Android and 11 for Apple, and 200,000 tossed out,leaving a mere 99,987 more to go. Gah, I think I just depressed myself! Soooo much wasted money.

25. remixfa

Posts: 14605; Member since: Dec 19, 2008

lol. its a sad sad waste of money. of course, all those laywers are laughing on the way home in their private helicopter to their huge mansions.

7. Tmachaveli

Posts: 425; Member since: Apr 01, 2011

Hi Miz

13. Whateverman

Posts: 3295; Member since: May 17, 2009

Karma's a b*tch! Apple could have gone ignored Android and continued being the biggest and richest smartphone oem in the world (which they probably will continue to be anyway), but nooooo! "Google keeps putting out better products than we are and eventually the super magical, mind-control, brain-washing commercials will stop working! We better better come up with some stupid BS legal reason to stop the Android train before we get run over completely! ... I know! Let's say we own rectangles and sliding fingers! Pay a few judges to rule in our favor, and that will at least slow them down until we can figure out how to think differently...again!"

15. gallitoking

Posts: 4721; Member since: May 17, 2011

I disagree whateverman.. Apple doesn't fear Android, and when you say better products you mean the Bionic?. the HTC Rezound?.. the only phone manufacturer making iphone best phone is Samsung with their SGSII and the Nexus and they still in court for copying Apple.. Moto has the RAZR but they have to fail at least 7 times ( Bionic, X2,Droid whatever number, etc...to get a quality device. so no treat.. what Apple wants is simple.. don't copy.. when the iphone came out..ohhh white phones become popular and touch screens as well with icons... (didn't invent ok) now watch how popular 4G will become now that Apple has arrived...

17. Mandroid

Posts: 209; Member since: Feb 22, 2012

A gold doubloon to anyone who can make sense of this pathetic attempt at communication. From what I can tell this fool is saying the iphone is better than the Rezound?! L M F A O. What color is the grass in your world?

22. Scott_H

Posts: 167; Member since: Oct 28, 2011

I think they key is that they are both tools that are different and appeal to different types of users, even if they overlap somewhat. It's like two people arguing over whether mechanical pencils, old fashioned pencils, or pens are superior. In reality it depends on user preference and the intended use. Apple's problem, if there is one, is that they feel that their patents are magical too, so they have gotten over-excited about people "stealing" them, while downplaying the patents they've violated. In short, they believe their own press when evaluating patents. And as any celebrity with a little experience can tell you - you should never believe your own press.

18. Sniggly

Posts: 7305; Member since: Dec 05, 2009

And yet... when I sell someone on a device other than an iPhone, it's usually by pointing out how much different that device is from it. Besides, the Bionic is a pretty good device. A customer just came back and bought one for his daughter a month after he bought one for himself, mainly based on its price and how much he liked it. Sure, it's not the prettiest device in the world, and its screen isn't that sharp, but it runs well and it's tough as nails.

24. CM_Punk

Posts: 173; Member since: Mar 13, 2012

No one in their right mind would choose the Bionic unless the salesperson was padding. The Bionic is a pretty horrible phone, a total disappointment after the mass hype.

26. remixfa

Posts: 14605; Member since: Dec 19, 2008

that kinda sounds like every iphone, mizzy. total dissapointment after the hype. when u stop seeing "magical" all you see is a boring icon grid.

31. CM_Punk

Posts: 173; Member since: Mar 13, 2012

You sound like a broken record there.

28. Sniggly

Posts: 7305; Member since: Dec 05, 2009

What makes the Bionic horrible for an end user? It works for the guy, he likes it, if it was so horrible he would've returned it almost immediately.

32. CM_Punk

Posts: 173; Member since: Mar 13, 2012

Uh huh, I think the customer deserved better. Certainly not on a phone no one will care about in a few months, which actually has already happened. #bestintheworld

33. chadrick0814 unregistered

Care to elaborate? Its "horrible" isnt really a good description. Lets look at facts and features. If it has micro SD, 4g, bt file transfer and its horrible, you must think certain phones without those features are pathetic.

20. Whateverman

Posts: 3295; Member since: May 17, 2009

I know you disagree, because the iPhone works better for you. But me, I'm a bit of a geek and I have absolutely no shame about it. I like having a phone that looks and works different from anyone else's, even when they have the same phone. I know some iPhone fans don't think customization is a big deal, but its been that way for me since the old school Nokias that we use to put flashing antennas and painted faceplates on. I actually was a big fan of Apple and even the iPhone up until good ol' Steve finally got a taste of dominance. He has always been an a$$, but at least he didn't make so many waves when Apple had less than 10% of the computer market. But breaking double flipped some kind of super-ego switch that not only effected the company, but a few iPhones users too. I've bought several thousand of dollars worth of Apple computers and other products, only to have little a$$hole iPhone owners acting all superior because they plopped down $200 bucks on a status symbol. But when I pull out whatever Android I may be using at the time and make it do things their phones can't... they feel 'wee' big. Not all iphone owners are like that, but I like making the cocky ones say, "No my phone doesn't do that."

21. Whateverman

Posts: 3295; Member since: May 17, 2009

And for the record, the Rezound and the Bionic are much better in my opinion. And don't get me started on the Droid Razr. I do think Apple has better reliability so there will be less defects, but defective phones show their defects typically within the first few day of purchase. So I've never had an issue with any of my Droids, I just pass them on to family members. My sister is still using my old OG Droid. And BTW, colors on phones have always been popular, even white. Do you remember the Verizon xv6900, the Palm Centreno

23. Whateverman

Posts: 3295; Member since: May 17, 2009

Oops... Centro.

30. InspectorGadget80 unregistered

then why is Apple suing and banning Samsung and HTC? their afraid of loosing their consumers and sales. they can't BEAT SAMSUNG FROM THEIR SUPER AMOLED or HTC unibody design.

16. drtech

Posts: 135; Member since: Mar 16, 2012

The proof is in the pudding highest customer satisfaction and best sales for iPhone every year.

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