Motorola likely to win an injunction against Apple iCloud in Germany

Motorola likely to win an injunction against Apple iCloud in Germany
Fresh off a legal victory against Apple with a preliminary injunction against Apple’s mobile products, a German court is likely to hand Motorola another victory in February. According to Florian Mueller, renowned observer of international patent disputes, the court appeared sympathetic to Motorola’s request for an injunction against Apple’s iCloud and MobileMe products.

The German court consistently rejected Apple’s attempts to narrow the scope of the requested injunction. At issue is a patent that controls how device data is synchronized with a server. The patent is not part of any international standard, so Apple is unable to raise a FRAND defense. Apple attempted to restrict the patent scope since the original lawsuit was against MobileMe instead of the more recently launched iCloud, but the judge ruled that any technology that contained the offending patent would be subject to an injunction. That could require Apple to remove all forms of cloud sync from the iPhone if it wishes to try and get around the patent infringement.

Apple is asking for a bail of nearly $2.7 billion dollars. Bail in this case is an insurance policy; if an injunction is awarded but the case were to be eventually decided in Apple’s favor, the bail money would be available to reimburse Apple for damages it incurred while the products could not be sold. Apple will have to satisfy the court that it is asking for a fair amount before a bail request could be granted, and according to Mueller the court remained skeptical about the amount.

Both sides get to submit a post-judgment filing to the court in the next couple weeks, and it’s always possible that evidence will be submitted that could change the mind of the court, but according to Mueller, Motorola Mobility is in a strong position. He stated that if the court had ruled today he has no doubt that Apple would have lost.

source: FOSS Patents

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80 Comments

1. taco50

Posts: 5506; Member since: Oct 08, 2009

Troll away guys. I'm sure android fans are in 100% support of a ban even though you say Apple is anti competitive when they do it.

2. protozeloz

Posts: 5396; Member since: Sep 16, 2010

Ha, coming from someone who said companies should defend their IP from the copy cats. Backpedaling? Lol

4. taco50

Posts: 5506; Member since: Oct 08, 2009

Not back pedaling at all. I'm not against these lawsuits. Companies do have the right to defend ip. I'm consistent though. Fanboys on here scream bloody murder every time Apple sues and cheer when they're being sued. It's very hypocritical.

12. protozeloz

Posts: 5396; Member since: Sep 16, 2010

Many see as apple getting a taste of its own medicine. BS its crap. This shouldn't be happening

15. Whateverman

Posts: 3295; Member since: May 17, 2009

IDK, maybe it\'s because they don\'t like Apple and they like seeing them get a taste of their own medicine.

18. taco50

Posts: 5506; Member since: Oct 08, 2009

Which is ignorant because all these companies sue each other. Look at what Microsoft is doing to android. Look at Nokia suing Apple or Motorola suing Apple before any of these Apple lawsuits in the mobile industry. Ignorance is why these fanboys think Apple is the only one.

30. Whateverman

Posts: 3295; Member since: May 17, 2009

Ignorance means to be unaware or uninformed. The FANS of both these OSs are pretty well informed on PA. What you\'re seeing is a sense of justice that people feel when they see a company that sues just about EVERYONE, getting sued themselves. And losing!

32. taco50

Posts: 5506; Member since: Oct 08, 2009

No they are very ignorant. Look at remix or andro for example. Apple doesn't sue any more than other companies so I guess you may be ignorant as well. As a supposed Mac user why do you seem to get so much joy when anything negative happens to Apple.

37. Whateverman

Posts: 3295; Member since: May 17, 2009

Your guessing I\'m ignorant is dead wrong, and it just goes to show your own desperation. You can\'t win the argument you started so you resort to name calling, nice. I can love a product and not agree with what a company does. Buying a Mac gets me the best computer out there, but it doesn\'t mean I have to have blind faith in the company. I have my own mind and it comes with my own sense of right and wrong. So when I see a company (even one that I own products from) doing wrong, I speak on it. Just so happens that Apple keeps sueing small business owners, kids and any company using Android. Some of the thing they do just isn\'t right, fan or not.

45. taco50

Posts: 5506; Member since: Oct 08, 2009

So why don't you know that Apple doesn't even have the most lawsuits? Either you willfully ignore facts or you don't know.

52. Whateverman

Posts: 3295; Member since: May 17, 2009

Who says I didn\'t know that...YOU? Most people don\'t care about the number of lawsuits, just the goal and the morality of their suits. Apple should protect their IPs, but protecting the color \"White\" from hat kid selling white iPhone kits, rediculous! Do you support that? Patents submitted on bar napkins, flat screens and rounded edges as an IP??? Do you support that too? Apple doesn\'t want me to use MY fingers to make certain gestures on the devices I like. They don\'t want me to have flat screens, rounded edges, or to have a BUTTON on it, and you think that\'s okay. But when Motorola or Samsung files for actual processes or 3G technologies that they actually invented, you act like their picking on Apple.

58. taco50

Posts: 5506; Member since: Oct 08, 2009

Hmmm the courts don't thin Apple's patents are ridiculous. Only PA fanboys do. I don't freak out every time Apple gets sued and cry how the world is unfair. I'm pointing out fanboys are hypocrites for supporting anti Apple lawsuits and getting pissed when Apple sues. I have yet to see fanboys say even a single one of Apple's lawsuits are legit. You're proving my point. You don't think Apple should have rights over gestures that they brought to smartphones that everyone has now copied. Then you're ok with Apple being sued over 3G patents. Can't have it both ways.

63. Whateverman

Posts: 3295; Member since: May 17, 2009

So pinching fingers is an IP, but 3G technology isn't? And why are you getting so emotional? You say you don't get pissed, yet you are the first one here to post. You stirred up a hornets nest, and now your mad because you keep getting stung. YOU are the one that needs to realize you can't have it both ways!

65. taco50

Posts: 5506; Member since: Oct 08, 2009

Where am I emotional? I didn't say 3G isn't a patent. It is. You're trying to say Apple's patents, which they filed for and were granted should not count. Seems hypocritical to me. Stung? Fanboys on here could care less about facts. They're here to bash Apple. Remix continues to deny MobileMe is a cloud service. So fanboys on PA not agreeing with me is not a measure of success for me.

69. Whateverman

Posts: 3295; Member since: May 17, 2009

You invited people to come and attack Apple. Be careful what you wish for, because you might just get it! :)

70. taco50

Posts: 5506; Member since: Oct 08, 2009

Do you think this article would not have been trolled without my comment?

72. Whateverman

Posts: 3295; Member since: May 17, 2009

We'll never know.

73. MobileTechSpot

Posts: 5; Member since: Sep 01, 2011

You are emotional all up and down this entire page. Theres like a DOZEN posts from you. More than anyone else, and you even got the very first reply of the article with your "Woe is me" passive aggressive offensive NONSENSE setting a negative tone for the comments of this article before they even got a chance to start. To anyone that can read, it is BLINDINGLY obvious that this news bothers you. A great great deal.

42. remixfa

Posts: 14605; Member since: Dec 19, 2008

dont drag me into your losing argument that you started, troll

47. taco50

Posts: 5506; Member since: Oct 08, 2009

Sorry when I think ignorant your the first name to come to mind.

48. remixfa

Posts: 14605; Member since: Dec 19, 2008

you dont know your own name?

49. taco50

Posts: 5506; Member since: Oct 08, 2009

That's the best you can do? I'm starting to feel bad now. I'll leave you alone. You have to suffer through enough I'm sure.

51. Jobes

Posts: 364; Member since: Oct 27, 2011

(pumps his milk filled super soaker and gets Ernest) let's do this.

74. MobileTechSpot

Posts: 5; Member since: Sep 01, 2011

And there goes the personal attacks. Yeah, you need to loosen your emotional attachments to these billion dollar companies that don't even know you exist. You are way to salty about about a court case taking place half the world away. Back away from the keyboard.

56. taz89

Posts: 2014; Member since: May 03, 2011

apple started with the banning,you didnt hear bout these companies trying to ban one another until apple started.

21. EclipseGSX

Posts: 1773; Member since: Oct 18, 2011

if its "hypocritical" to dislike a company and want to see their downfall, then we are all hypocrites

24. taco50

Posts: 5506; Member since: Oct 08, 2009

Yes exactly.

28. EclipseGSX

Posts: 1773; Member since: Oct 18, 2011

so you admit you're a hypocrite? you are starting to make some progress taco

33. taco50

Posts: 5506; Member since: Oct 08, 2009

Ok let me go a little slower for you so you can understand. You...are...a...hypocrite. I'm not rooting for the downfall of any companies.

40. ayephoner

Posts: 858; Member since: Jun 09, 2009

.....and the fandroid trolls just keep rolling in. even when you guys get called out in the first post, you still come in with the same ol same ol.

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