European iPhone and iPad sales threatened as Motorola wins in German court

European iPhone and iPad sales threatened as Motorola wins in German court
If you think there’s a legal battle going on in the industry involving Apple, you’re only partly right. Actually, it seems more like a war - Apple is fighting on all fronts against some of the biggest phone makers. And it’s doing pretty well in both its offense and defense, but here’s one little crack that threatens to grow even bigger - Motorola has plenty of patents and its lawsuit against Apple is moving forward in Germany.

The local Mannheim Regional Court ruled that Cupertino has indeed infringed on a Motorola patent regarding "a method for performing a countdown function during a mobile-originated transfer for a packet radio system." This could translate on a ban on iPhone and iPad sales not only in Germany, but across Europe.

The situation is not that grave for Apple, though - the ruling is preliminary and it could only apply to the company’s Irish subsidiary.

The products that are affected by the injunction include iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPad, iPad 2, and the iPhone 4S is also possibly a fitting candidate. To further appeal, Apple needs to remove that functionality from their handsets.

source: FOSS Patents via BGR

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42 Comments

1. Fayeznoor

Posts: 74; Member since: Nov 15, 2011

Apple getting taste of what they started

35. Lucas777

Posts: 2137; Member since: Jan 06, 2011

actually microsoft started it if u wanna be technical... but its totally fine for moto to ban apple products and limit innovation but its not okay for apple to ban a few out of the countless android phones?

36. Forsaken77

Posts: 553; Member since: Jun 09, 2011

Actually no... apple started the ridiculous lawsuits all across the globe to get Samsung products banned from being sold. Microsoft just wanted a little compensation for someone using their ideas. And I agree with remixfa 100% in that NONE of the Android manufacturers, including Motorola, would've sued Apple at all, had Apple not started this bs. Motorola is giving back to Apple what they're putting Samsung through. Apple is trying to shake the foundation of the entire Android eco-system. Well Google is the father of Android and now owns Motorola, which is the FOUNDER of the cell phone and has more than enough patents to make Apples' life miserable in court for years to come. The Android manufacturers are banning together against Apple. As far as innovation goes... Apple has none. I'll give them the original iPhone (a phone slapped into an iPod), but since then they have been stagnant and are trying to cripple their main competition that's ripping sales away from them every day. Apple has to learn their lesson why starting all this bs was a really bad idea.

2. Fayeznoor

Posts: 74; Member since: Nov 15, 2011

this is how Apple want to destroy Android ?

3. pongkie

Posts: 663; Member since: Aug 20, 2011

I've been in lawsuits but in the in the end lawyers win

11. jacko unregistered

try tell crapple that

4. theBankRobber

Posts: 682; Member since: Sep 22, 2011

Yes, if Apple can get away with what they are doing to Samsung and banning their products, i HOPE AND PREY Motorola gets Apples products banned to set an example.

5. remixfa

Posts: 14605; Member since: Dec 19, 2008

you spend enough time throwing crap at people, eventually they will rise up and slap you back. you reap what you sow. I can bet money that NONE of the android manufacturers would have ever sued Apple, had apple not started to act like a jerk and try to be the play ground bully.

14. antifanboy

Posts: 67; Member since: Dec 06, 2011

Motorola sued Apple before any of Apple's lawsuits. Read up on it.

16. iamcc

Posts: 1319; Member since: Oct 07, 2011

They sued to collect royalties, not to ban products. There's a difference, taco.

19. antifanboy

Posts: 67; Member since: Dec 06, 2011

"I can bet money that NONE of the android manufacturers would have ever sued Apple, had apple not started to act like a jerk and try to be the play ground bully." This is a hyperbolic uneducated statement as Motorola sued first. I know you two are butt buddies, but why not call him out on his ignorance? This guy speaks out of his ass ALL the time.

21. iamcc

Posts: 1319; Member since: Oct 07, 2011

You are correct, if you take the statement at it's literal meaning then remixfa is wrong. But considering that you've had several conversations with remixfa regarding this before, as well as other people... we all know that remix doesn't actually believe Apple was the first to sue other companies. They were first to try and ban, and that's what I assumed he meant.

22. protozeloz

Posts: 5396; Member since: Sep 16, 2010

as far as i know Apple sued HTC around march 2010 while Motorola sued around October 2010 check articles date here for apple VS HTC http://gizmodo.com/5483632/apple-sues-htc-for-infringing-on-20-iphone-patents-the-complete-documents and here for motorola apple http://news.cnet.com/8301-13579_3-20018791-37.html so no Apple started suing HTC

25. antifanboy

Posts: 67; Member since: Dec 06, 2011

I stand corrected on the htc suit. Here's a really good article as far as a timeline. My main point is that Apple isn't the only one suing. This is the status quo right now. http://www.cbsnews.com/8301-505124_162-43445979/verizon-iphone-motorola-sues-apple-its-the-smartphone-wars-conspiracy-edition/ So put on your tinfoil hats. Let's start with a recap of the smartphone patent wars: In 2008, RIM (RIMM) sued Motorola for allegedly charging excessive royalties on patents. In November 2009, Nokia (NOK) sued Apple for allegedly infringing on networking patents. The next month, Apple sued Nokia for allegedly infringing on user interface patents. In March of this year, Apple sued HTC (as Microsoft approvingly looked on) for allegedly infringing 20 different patents with both Android and Windows Mobile handsets. Shortly after, HTC sued Apple for allegedly infringing on five patents. In August, Oracle (ORCL) sued Google (GOOG) over alleged infringements on Java patents. Microsoft brought a patent suit against Motorola a week ago. Motorola sued Apple yesterday.

30. remixfa

Posts: 14605; Member since: Dec 19, 2008

I said what I meant, and I meant what I said. As far as this CURRENT round of lawsuits, Apple has been the instigator. They have been suing themselves over minor things for years, for a buck or 2 off each patent. This new round of "Bend or be Banned" lawsuits are from Apple's camp and apple's camp alone. Everything coming back towards them are counter-suits. Now, come on taco.. say it with me.. "Remix was right, and I was wrong. I should have done research before spouting off and blind attacking him."

37. antifanboy

Posts: 67; Member since: Dec 06, 2011

I was wrong about HTC being sued by Apple first. Read the timeline from the article. There was lawsuits before Apple started with any lawsuit. Motorola sued Apple first. You said NONE of the android manufacturers would have sued Apple which is incorrect. Motorola did. Nokia also sued Apple first.

38. stealthd unregistered

Motorola only sued first because they already knew Apple was going to sue them.

39. Sniggly

Posts: 7305; Member since: Dec 05, 2009

More likely they saw that Apple had been selling the iPhone for years by that point and, after repeatedly giving Motorola the finger over its own patents, they decided to sue the s**t out of HTC. So they're like "wait a minute here, Apple wants to sue everyone else for patent infringement but they won't pay a dime to them? Hell, we're taking them out!" And filed their own lawsuit. Or you could be right. Which would look even worse for Apple, really. "We won't pay a dime for your patents that you worked for decades to obtain, but we'll sure as hell hit you for everything you've got!"

6. messiah

Posts: 438; Member since: Feb 19, 2010

Apple started the mess, now it is coming around to bite them in the ass.

40. cheetah2k

Posts: 2300; Member since: Jan 16, 2011

Apple won the battle, but they won't win the war.

7. SlimSoulja86

Posts: 660; Member since: Nov 03, 2011

Oh my Apple, what have you started? I'm feeling a bit embarrassed to be part of Apple family right now#HidingMyiPhoneRightNow

10. McLTE

Posts: 922; Member since: Oct 18, 2011

SlimSoulja86... This is what I believe will truly hurt Apple in the long run. Right now they have a very dedicated following, but I believe it's base has always been people that were rooting for the underdog (Apple way back when) and Apple was a company that had a different image.. sort of do-gooders when everyone was hating on Microsoft. Well now.. It's Apple that is starting to lose it's shine as a friendly company with the hipster following. The public really has no clue right now how they are suing and fighting the competition in court instead of with innovation.. I think when the public slowly really GETS what is going on.. Apple will lose much of their following very quickly.

41. hepresearch unregistered

I think it is sad that Slim feels that he needs to hide his iPhone... he has not been disrespectful to the Android community like others here, who shall remain nameless. You do not need to feel embarrassed on my account, Slim. Just because Apple is making some awful business strategy decisions does not mean that your iPhone is a second-class phone that you need to be ashamed of. It will do what it is designed to do, and do it quite well. Android phones and iPhones are designed to fill different needs and styles of use, along with a decent amount of common functionality that consumers have essentially agreed on as standard features. If your iPhone works for you, then it works for you. If it has not done well enough, then you have lots of other options to explore, as well. Either way, best of luck to you. I have to say it is refreshing to read posts from an iPhone user who is neither arrogant nor stereotypical. +1 for honesty and humility...

8. s.mrabet

Posts: 147; Member since: Oct 26, 2011

Like Justin Timberlake said.... What goes around , goes around and comes all the way back around!!!

9. arcq12

Posts: 733; Member since: Oct 13, 2011

karma is a bitch!

12. jacko unregistered

can i upload a vid of me dancing to this :) wait i can hear miz crying

13. taz89

Posts: 2014; Member since: May 03, 2011

it looks like the tide is turning against apple recently...apple only got themselves to blame though, they started all the lawsuits and most importantly started with the banning crap so they deserve whatever happens to them...

15. antifanboy

Posts: 67; Member since: Dec 06, 2011

The ignorance in this thread is shocking. Lawsuits have been around forever. It's not an Apple exclusive. Also in this particular case Motorola is the aggressor. Realistically all these companies are way to big to get banned. You guys are funny though. Banning is anti competitive unless Apple is getting banned lol

17. iamcc

Posts: 1319; Member since: Oct 07, 2011

I'll just copy and paste from above: "They sued to collect royalties, not to ban products. There's a difference, taco."

18. antifanboy

Posts: 67; Member since: Dec 06, 2011

Read above posters saying Apple deserves this because they sued first. That's simply not the case. Guess what everyone sues everyone. As far as banning that was Apple's strategy. They may win or lose but a lawsuit is still one.

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