Motorola wins in Germany against Apple, iCloud features banned, iPhone 4 disappears online

Motorola wins in Germany against Apple, iCloud features banned, iPhone 4 disappears online
After scoring favorable outcomes with the ITC in its patent lawsuits against Apple, which allegedly had Google's backing, Motorola seems to have won big against Cupertino in Germany today.

The court awarded Motorola an injunction against the push email feature in iCloud, so German iOS users will probably be requested to set their email checking in another mode. “Apple believes this old pager patent is invalid and we’re appealing the courts decision,” Apple told paidContent in a statement.

Apple has, due to an earlier ruling from November, also pulled its 3G/UMTS products from its German online store last night, such as the iPhone 3GS, iPhone 4, and the 3G-enabled iPad. Retailers are still selling those, though, and Motorola will probably have a battle before it to ban those products across all channels. "Even if some iPad and iPhone models are currently not available in our online store in Germany, customers should have no problem finding these devices in our stores or from authorized dealers," said an Apple spokesman.

The Apple iPhone 4S, which is Cupertino's bestseller this season, is exempt from the ban, as it features a "world" baseband radio from Qualcomm, and Apple is paying the due royalties to the chip maker, as Qualcomm's CEO Paul Jacobs said yesterday at the quarterly earnings report.

It wasn't that long ago when the Motorola ROKR was launched as the first phone with Apple's iTunes, but the roads traveled by those two since then took them pretty far away.

source: FOSSPatents & FinanzNachrichten.de (translated)

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63 Comments

1. Sniggly

Posts: 7305; Member since: Dec 05, 2009

Oh, DAMN. I think Motorola is done playing around in the courtroom. This sets a good precedent; I think Apple may be a bit more receptive to deals if this outcome is solidified and more outcomes like this get handed down. And yes, iFanboys. A patent over essential communications technology is *more valid* than a patent over aesthetic choices, because it's cost Motorola years, possibly decades and millions of dollars to develop the tech they hold those patents over. They've earned those patents, and if Apple gets to sue everyone over bulls**t gesture and icon patents, Motorola gets to sue over patents that actually took WORK and MONEY to develop.

16. biophone

Posts: 1994; Member since: Jun 15, 2011

Sniggly i hate to disagree and you know I am not an ifanboy and by no means am i a expert on the law but i feel design more important then essential communication technology. This is because if you inflict on design you are stealing brand identity and its pretty easy to change. However communication technology that moti was suing over like a cell radio is insane its like they don't think an iphone can call now since a moto phone had a radio first. All radios are going to be similar and thats not something to sue over. Thats just how i feel and know i will get thumbed down for seemingly supporting apple which i am really not just making a general claim. To make an anology to cars sying over a radio is like suing over a engine. Thats how i see it. As long as they aren't identical its fair game.

17. Evil_SaNz

Posts: 259; Member since: Oct 20, 2011

So Apple is the only that can use Euclid's forms and sue others if they violate geometrical laws that belong to humanity? If they start to patent Euclid aswell I'm done here on Earth, I go to Mars.

18. ilia1986 unregistered

biophone - design might be more important - but no single company has a right to patent a rectangle. And that's precisely what Apple did with the iPad. Rectangular form, touch-screen in the center, and black bezels on front. It's kinda hard to design a sleek tablet that doesn't have these. Same for the iPhone. So iOS uses square icons. So Touch-Wiz used those as well. So what. Apple is just afraid of the competition - and rightfully so.

21. Evil_SaNz

Posts: 259; Member since: Oct 20, 2011

Correct. Following Bio's logic Majel Barrett Rodenberry should sue Apple because the first electronic tablet was used by James T Kirk while recording the captain's log in Star Trek and even before the pharaoh Tutankhamun should sue Enterprise's captain because Egyptians had rectangular clay tablets.

24. biophone

Posts: 1994; Member since: Jun 15, 2011

No u assume i agree with broad design patents which isn't so. I think exact copies which exist or intentially trying to steal brand identity can be tried in a cort of law.

62. Forsaken77

Posts: 553; Member since: Jun 09, 2011

I agree bio. Even though Android supporters won't ever admit this... Samsung blatantly made an EXACT copy of the iPad. The put all the ports and settings in the same exact spots. They made the charging and car charger cables look identical. I love Sammy, I own a GS2, but they did copy Apples's exact design. They tried to clone the iPad to cause confusion among consumers. But copying software is important as well. software is what makes each device unique. Apple tried to take some of Moto's uniqueness away.

19. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 2011

How is design more important than the essential communication technology? Without that technology you really don't have a mobile phone. What good is design if it doesn't do what it's supposed to do? Other companies are making mobile phones & they are not infringing on Motorola's patents, so why should Apple not be held accountable for their actions? The ITC saw Apple's use of Motorola tech as an infringement, so Apple has to pay the piper now. Apple tries to say a phone can't be rectangular or have glass on it or they should not have a bezel of the same size. That is crazy because the LG Prada looks like an iPhone before the iPhone ever came out. Meaning that Apple took LG's design. The design Apple is patenting is not even theirs. lol

22. biophone

Posts: 1994; Member since: Jun 15, 2011

I don't agree with most of apple's design lawsuits which your argument is based off. They are far to broad. All that I am saying if a technology is essential for a phone to work you can't blame a company for using it is essential.

28. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 2011

Ok I get that, but what I am saying is that other companies are making phones without infringing on Motorola's patents. Why can't Apple do the same? I bet the same question was asked by the ITC & that is why Motorola was awarded a win against Apple.

31. biophone

Posts: 1994; Member since: Jun 15, 2011

Well my theory is since apple was being an ass to everyone moto wanted to be an ass back and they don't really care if others infringed. More of a vendeta thing.

34. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 2011

You know you could be right. Kind of an eye for an eye type of thing. You just never know. Motorola does have a right to protect technology that is used without their permission. Who knows the countless hours, money, & R&D Motorola spent on those technologies just to have Apple make money off their hard work. The ITC is there to protect companies from such acts.

35. biophone

Posts: 1994; Member since: Jun 15, 2011

Well i think maybe apple could pay a royality to make up for the r&d. Since they were being an ass i don 't really feel bad they were banned. They deserved it for trying to ban others. Not for the actual breach of patent.

40. TKFox007

Posts: 303; Member since: Nov 02, 2010

I wouldn't say vendetta, I'd say it's more like giving them a taste of their own medicine. Because Apple has been really sue happy in trying to eliminate the competition

41. biophone

Posts: 1994; Member since: Jun 15, 2011

Thats probably a better term thanks.

59. remixfa

Posts: 14605; Member since: Dec 19, 2008

Apple has been slinging mud based on the most vague terms of "copywrite infringements" to try to scare people into submission. Older companies like Moto, Nokia, and Samsung have actual patents that they can use to slap Apple down. It was more a testament to Apple's arrogance and ignorance that they tried to play bully, when the real school yard bullies have been playing nice with each other for years. Since Apple has gone after all of them (except nokia, who already has apple on a leash from previous apple patent stealing), its only right that they stand up and slap apple down. Apple - "ooh look, i have a napkin drawing of a square, and im going to sue you over it!!" Moto/Samsung - " ooh look, i have an actual patent for the 3g/ radio technology that your using without paying for, keep it up and ill tear you down." apple didnt listen, now they get smacked. And yes, that sets off a dangerous precident, but one that I feel is ultimately needed to bring Apple back in line and to the bargaining table. Apple wont stop its mass lawsuits over nothing until its brought to its knees in counter lawsuits. Rulings like this are the begining of Apple feeling the sting of its own ignorance. A few more rulings like this and we might see apple decide to play nice and make deals instead of shut companies down.

25. InspectorGadget80 unregistered

Damn straight Sniggly

37. rf1975

Posts: 264; Member since: Aug 01, 2011

Yes developing a technology or design both cost money & time. So nobody should not copy others design or technology. But when it come to any essential technology patent (standard) which does not have any work around then the owner should comply to RAND or FRAND licensing.

2. ilia1986 unregistered

Good day everyone! Isn't it a beautiful day to be a FREE person walking on this planet.

32. ZEUS.the.thunder.god unregistered

yeah its a beautiful day. i want to have more days like this:)

47. salic

Posts: 24; Member since: Dec 23, 2011

Apparently 3 people aren't free lol

53. ilia1986 unregistered

They are slaves, salic. Born into bondage. Born into a prison they can't taste or smell or touch. A prison - for their mind. What is the iPhone? Control. The iPhone is an Apple-generated app world built to keep us under control in order to change a Smartphone into this: _______ | [] [] [] [] | | [] [] [] [] | | [] [] [] [] | | [] [] [] [] | | [] [] [] [] | |````()````| ----------- I may be a prisoner too - but at least - I am aware of that.

3. sonisoe

Posts: 440; Member since: May 06, 2009

motorola should take it worldwide...

4. bloodline

Posts: 706; Member since: Dec 01, 2011

Get in motorola !!!! about time.! Google and motorola are gonna chew apple up

5. wackyjazz

Posts: 10; Member since: Apr 11, 2011

“Apple believes this old pager patent is invalid and we’re appealing the courts decision,” Apple told paidContent in a statement. Other manufactures old patents are invalid, so this means only the patents that Apple holds is valid??

6. PAPINYC

Posts: 2315; Member since: Jul 30, 2011

How can iPhone 4 disappear if it's already null/void and empty??? iPhone 4 = ∅‰

7. som

Posts: 768; Member since: Nov 10, 2009

Every companies in the World must file lawsuits against Apple because Apple copied some ideas from your company.

8. darac

Posts: 2156; Member since: Oct 17, 2011

Now take this worldwide, Moto ..you got Google standing behind you.

9. Bluesky02

Posts: 1439; Member since: Dec 05, 2011

Ouch!

10. rex1213

Posts: 77; Member since: Jul 29, 2011

I am certainly not surprised at all. That's what Apple get after filing a lawsuit against a company that has a monster of (real) patents in the mobile and telecommunications industry. Geez... Apple's legal department probably made a mistake by launching a patent war against Motorola. Apple simply didn't learn from their legal battle against Nokia.

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