Motorola Wins Patent Dispute Against Apple In Germany
In December, Apple has received a lot of bad news as it has lost a couple of lawsuits against both Motorola and Samsung. If the latter is now allowed to sell the Galaxy Tab 10.1 in Australia, Motorola has own an injunction against Apple in Germany because several iOS products are infringing on its patents.
The Mannheim Regional Court has decided that multiple Apple products are violating multiple a patent held by Motorola Mobility. The patent in question is European Patent 1010336 (B1) which consists of a packet radio system technology for mobile devices. Basically, Apple is using 3G technology for its devices patented by Motorola in Europe and the German Judge didn’t agree with this fact.
Although Apple will probably not stop selling the devices in question, it’s worth mentioning that the handhelds in question as the iPhone 3G, iPhone 3GS, iPhone 4, original iPad 3, and the iPad 2 3G. All of these smartphones and tablets are using 3G technology that is found in Motorola devices without paying any contribution.
The original iPhone doesn’t support 3G radios, while the WiFi-only versions of the iPads are… WiFi-only, without 3G. Also the iPod Touch doesn’t have a 3G chipset so it’s safe from the German injunction.
Like said, it’s very unlikely that Apple will no longer sell the devices in question in Germany so the next step is to appeal at the Higher Regional Court located in Karlsruhe where the Cupertino-based company will most likely win. Then Motorola will appeal, then Apple will lose etc.
Anyway, the German court has decided that Apple will be allowed to continue to sell its products if it removes the patented features out of the devices. At the moment is unclear why the iPhone 4S isn’t in question as it features the same radio technology as the aforementioned smartphones and tablets.
Please note that this is a preliminary hearing, while the second will take place next year in February in order to give Apple time to modify its devices, unless it will win the appeal.
It’s very likely that the bad news for Apple will not end here as Motorola is close to winning a separate case which involves two other patents, though the good news come from another case in France where Cupertino has filed suit against Samsung concerning 6 patents.
By the looks of it, the lawsuits are never going to end as it’s very hard for these companies to reach agreements. The sad part is that the consumers are certainly losing this one while companies continue to make millions in profits.