Motorola Wins Injunction Against Apple In Germany, Apple Removes 3G Products And iCloud From Its Online Store
December 9th, 2011, Germany: Mannheim Regional Court pronounced its ruling on one of the patent infringement lawsuits Motorola Mobility brought against Apple in Germany in April 2011. The decision of the German court entitles Motorola to enforce an injunction over Apple product sales that infringe the FRAND patent. In order to be able to enforce the Apple product sales ban Motorola will have to pay a bond worth of 100 million EUR.
Today, Motorola won another very important patent infringement lawsuit against Apple and based on the German court’s decision the US-based company won a permanent injunction against the Apple’s push mail service in iCloud. The German court decided that the technology implemented by Apple in the iDevices using iCloud is infringing Motorola’s patent called “multiple pager status synchronization system and method. ” Since December 2012, when Mannheim Regional Court agreed that Apple is infringing one of Motorola’s patents, the Cupertino giant already lost to appeals and starting today Motorola can enforce Apple Ireland, the company that handles the iDevice distribution in Europe, to stop selling the Apple products in Germany if Motorola pays 100 million EUR bond.
Apple’s iCloud service is violating patents belonging to Motorola and Google’s company can ban Apple sales in Germany if they pay a bond worth of 100 million EUR and any further loss in case Apple wins a final appeal against the decision. The Cupertino-based company asked for a 2 billion EUR bond, but the German court decided that 100 million EUR would be enough for a preliminary injunction over the Apple product sales.
FOSS Patents reports that Motorola have decided to impose the A pple product sales injunction, as the Cupertino-based company had their iPhone 3GS iPhone 4 and iPad 2 3G devices removed from their German online store. Even though the iPhone 4S and iPad 2 WiFi are still on sale, Motorola have made a huge leap forward in the patents battle against Apple.
Back in December 2011, Mannheim Regional Court decided that iPhone 3G/3GS/4 and iPad 3G/iPad 2 3G are infringing the FRAND patents owned by Motorola for the method for performing a countdown function during a mobile-originated transfer for a packet radio system and Motorola was entitled to enforce an injunction over sale of the aforementioned Apple devices. Even though Motorola could have banned the Apple sales in Germany earlier, it seems that the company decided to exert the court decision against Apple today. The devices removed from the Apple’s online store in Germany are using baseband chip developed by Infineon, while the iPhone 4S, which uses a baseband chip from Qualcomm that is not infringing any patents is still on sale.
The interesting fact is that Apple stores and the authorized retailers are still selling the banned devices in the Apple stores, thus the Germans can still buy the aforemetioned devices. I assume that the iPhone 3GS, iPhone 4 and iPad 2 3G are still on sale because they are still in stock and Apple is not allowed to import any additional products via the Ireland-based subsidiary that handles the Apple product shipments in Europe.
It seems that both the refurbished iPad 3G and iPad 2 3G tablets were banned as well. The Cupertino-based criticized Motorola’s decision to enforce a sale injunction over their products, as Google’s subsidiary rejected Apple’s offer to licence FRAND in fair, equal and non-discriminatory terms, thus we might be seeing an appeal against the German court’s decision soon.
The Mannheim Regional Court’s decision is the toughest taken against Apple in the past years and it will be interesting to see how the Cupertino giant’s sales will be affected. Apple’s main fear now is that Motorola took legal action against Apple over FRAND patent infringement in an US court, as well. With Motorola winning the law suit there and obtaining an injunction decision against the iDevices sales in North America would worsen Apple’s situation even more.