Two German courts say Apple infringed on two Motorola patents

Two German courts say Apple infringed on two Motorola patents
Apple was the recipient of a little "Instant Karma" on Friday when two German courts ruled against Apple and found in favor of Motorola Mobility on two patent infringement charges. Motorola did to Apple exactly what the Cupertino based firm did to Samsung in having some of the Korean manufacturer's products pulled from stores in Germany and Australia. The injunction granted by the German court could allow Motorola to block the sales of certain Apple products in the country.

The documents involved in this case appear to show that all of Apple's mobile devices are affected by the ruling and could lead to damages on shipments dating back to April 2003. And while Motorola can ask for a ban on the shipping of Apple products to the country, it is unclear what the company's intention is. Motorola did say that it plans on defending its intellectual property while still making them available to end-users.

Of the two patents involved (EP 1010336 (B1) and EP 0847654 (B1)), Motorola has already said that one of them (U.S. Patent No. 6,359,898( is important when it comes to GSM, UMTS and 3G standards and the second patent is also likely to be valuable. Remember, Motorola was one of the tech firms involved in developing the cell phone and the company owns a boatload of patents which is what made the company so attractive to Google.

There has been some speculation that Apple lost this case on purpose in order to appeal, but that sounds very unlike WWSD. Still, it was a default judgment-a mere technicality and not a judge's decision on the merits of the case- that earned Motorola the injunction. Simply put, Apple did not respond to Motorola's filing (perhaps on purpose?) which is why the courts ordered the injunction against them. Apple elaborated a bit more on the default judgment on Friday night by saying, "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time." Nonetheless, an injunction was granted which means Motorola may still have final say on which Apple products stay on the shelves in Germany and which ones will be blocked. While Motorola could do to Apple that which Apple has done to Samsung, Motorola CEO Sanjay Jha might consider it more punishing to Apple to relieve the company of some of its mountains of cash and let Motorola profit from Apple's popularity by licensing the patents involved.

source: SCRIBD via Engadget

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81 Comments

1. Sniggly

Posts: 7305; Member since: Dec 05, 2009

I say go for royalties. Don't limit the free market, but beat Apple at their own game. Lessen a bit of the profit they make on each infringing device. I wonder if Moto would've won if Apple had responded. Perhaps they didn't respond because they had no case and would have lost anyway?

7. bobfreking55

Posts: 866; Member since: Jul 15, 2011

The iPhone is Apple's only phone. Unlike the other manufacturers that have many phones. If their only phone was banned, goodbye sales. And I personally think Google is not very aggressive with this stuff. They build defenses but they don't sue. I think they're simply not stooping down to apple's level. I hope Google Brings this to many countries so that many people would save their money in buying such overpriced iPhones. Banned!!!

12. rycx365

Posts: 37; Member since: Mar 18, 2011

Moto should charge apple crazy high for the patents and apple will have no choice but to comply if they still want to sell the iphone

29. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

A crazy high royalty would run afoul of Fair and Reasonable (FRAND) guidelines (the same objection Apple is making about Samsung's 3G patent infringement actions).

28. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

If you charge Apple royalties, they will keep on making $ on the iPhone sales and not change their litigious behavior (they are on track to 60% of industry profits...). A sales ban gives them a taste of their own medicine (and potentially gives them more incentive to end the silliness).

55. ledbetterp3

Posts: 467; Member since: Aug 31, 2011

All I say is go Motorola! Take apple's cash, and create more high-end phones! I personally would like to see Motorola's phone sales go up...

74. andro.

Posts: 1999; Member since: Sep 16, 2011

Indeed as soul satisifying it would be to see Apple products being banned from sale after all the childish legal antics from Apple recently its much better for motorola to make a fortune from royalties from every iphone sale. That way will hit apple harder knowing those islaves money is not all going into their pockets but some is going to their bigger ios rival,while also maybe making apple think twice about trying to sue people over phones having touchscreens and other such nonsense

2. ivanko34

Posts: 617; Member since: Sep 04, 2011

Kickback to the iDiots

3. Whateverman

Posts: 3295; Member since: May 17, 2009

Wow! Sounds like Moto/Google may have Apple by the grapes with this one. I wonder if they will take this lawsuit worldwide.

5. XiphiasGladius

Posts: 813; Member since: Aug 21, 2011

I bet they will.

24. JonGarrett

Posts: 34; Member since: Aug 06, 2011

lol @ "by the grapes"

4. AndroidOS

Posts: 100; Member since: Jun 21, 2011

I personally would take it worldwide. I don't see why not. Would I try to get them banned? Ehhhhhh, I don't know.

25. bossmt_2

Posts: 459; Member since: Oct 13, 2009

No, no banning. If the shoe was on the other foot you'd be crying about banning. What Moto should do (though I imagine damages were included in the filing, I would say I want a few bucks for every handset (like winmo does) or ban. THey'll take the bucks cause it's much better than fighting it through the courts while your product is banned.

34. AndroidOS

Posts: 100; Member since: Jun 21, 2011

Sooo, Moto shouldn't ban because if the shoe was on the other foot I would be crying? Anyway it's up to them to ban or license. Either way they would make money.

59. bossmt_2

Posts: 459; Member since: Oct 13, 2009

It's called hypocrisy, if you are cool with Motorola banning the iPhone you're cool with with Apple banning Moto or Samsung.

66. AndroidOS

Posts: 100; Member since: Jun 21, 2011

Actually I wouldn't be being a hypocrite. If Motor banned Apple everyone would think it would be okay because they aren't the ones trying to ridiculously sue everyone and automatically go for a ban instead of royalties all the time. So your statement makes no sense.

58. tedkord

Posts: 17312; Member since: Jun 17, 2009

Well, generally, I am against killing. But I don't cry when a murderer is killed. It's not so upsetting when cosmic justice is handed out.

67. AndroidOS

Posts: 100; Member since: Jun 21, 2011

Exactly.

71. Jobes

Posts: 364; Member since: Oct 27, 2011

Totally agree. Perfect words..well said.

6. XiphiasGladius

Posts: 813; Member since: Aug 21, 2011

Now things are getting more and more interesting. . . Lawyers are the true winners anyways. . .

8. remixfa

Posts: 14605; Member since: Dec 19, 2008

so they won on the same type of case that Samsung is suing them over. Wonder if that helps samsung's case at all. I say, ban the iphone in all the countries the iphone has successfully banned another product, and collect royalties from the rest. :) They would be like the 4th person to take a cut of iphone products.. lol.

9. XiphiasGladius

Posts: 813; Member since: Aug 21, 2011

Makes me wonder if that Apple Pie is really delicious, since many of them has already took a slice of that so called Apple Pie. LOL

10. remixfa

Posts: 14605; Member since: Dec 19, 2008

Ask Nokia and MS (and a few patent holders)... they make more off of Apple products than they do off their own.. lol.

39. taco50

Posts: 5506; Member since: Oct 08, 2009

That's android buddy not Apple

52. Jobes

Posts: 364; Member since: Oct 27, 2011

Android pie is open source and delicious.. filled with so many goodies that anyone can enjoy. Apple pie is just apple.. meh

56. ledbetterp3

Posts: 467; Member since: Aug 31, 2011

taco is right, android too, well phone manufacturers for android...

57. remixfa

Posts: 14605; Member since: Dec 19, 2008

Do some research, taco MS OWNS like 25% of Apple.. They dont get royalty payments from the iphone, they get 25% of all profits. Thats way more than they make from WP7. Nokia just got a huuuuge lump settlement and permanent profit sharing from iphone sales for patent infringements. And there are a half a dozen smaller companies that do the same. No matter how much you turn a blind eye to apple, the rest of the world doesnt. They are notorious theives and copywrite infringers. There are people making money off android, but nowhere near the amount that they make off Apple.

61. taco50

Posts: 5506; Member since: Oct 08, 2009

You're wrong as usual. Microsoft bought stocks in Apple back in 97 that expired. They no longer own anything from Apple. YOu repeat the same lame arugments even though you're wrong over and over. Can you share Microsofts profits from Apple vs Android from a reliable source?

72. remixfa

Posts: 14605; Member since: Dec 19, 2008

Stocks dont expire dodo. a stock is an ownership stake in the company until you decide to sell it. MS has not sold their stock in Apple. And as a reminder SJ BEGGED MS to buy all that stock so they could raise capital to get the failing company off the ground. So to twist something that you continually say, Every time you use your iphone, you should thank Bill Gates.

75. gallitoking

Posts: 4721; Member since: May 17, 2011

Microsoft purchased $150 million of non-voting Apple stock as part of a resolution to a long running legal dispute over their use of certain features that resembled those used in the Mac. The stock was later sold back to Apple for a profit. REMIX.... wrong.... trying to sound smart and turn you into an idiot.... welcome to the club...

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