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German Court Rules in Favor of Motorola, Possible iOS Device Ban Throughout Europe

File this one under surprising, a German court has ruled in favor of Motorola in their lawsuit with Apple. Back in April, Motorola filed two patent-infringement lawsuits against the Cupertino based company’s iOS devices. The mobile giant claimed Apple had infringed on one of their core cellular communications patents related to data packet transfer technology. If the ruling is upheld (we all know there will be an appeal), Apple will be forced to either remove the technology or pay a hefty licensing fee to Moto.

Motorola now has the option to enforce a Europe-wide iOS ban immediately, or wait until after the appeals process is through. If they opt to enforce the ban right away, Motorola must cough up $134 million bond – in case the verdict is overturned in appeal.

In less than 48 hours, Apple has been hit with three devastating court rulings. The Australian High Court ruled that Samsung’s Galaxy Tab 10.1 did not infringe on any patents, a U.S. court rejected Apple’s case to ban Galaxy devices stateside and now the German courts have ruled in favor of Motorola. Is this the definition of irony?

German Court Rules in Favor of Motorola Mobility in Apple Litigation
Court grants Motorola Mobility’s requests for injunction and damages

Dec. 09, 2011

LIBERTYVILLE, Ill., Dec. 9, 2011 – Motorola Mobility Holdings, Inc. (NYSE: MMI) (“Motorola Mobility”) today announced that the court in Manheim, Germany (the “Court”) has ruled that Apple’s (NASDAQ: AAPL) European sales company, Ireland-based Apple Sales International, is infringing one of Motorola Mobility’s core cellular communications patents related to data packet transfer technology (GPRS) through its sales of the iPhone and iPad devices. The Court granted Motorola Mobility’s requests for an injunction and damages.

“We are pleased with the court’s ruling. Today’s decision validates Motorola Mobility’s efforts to enforce its patents against Apple’s infringement,” said Scott Offer, senior vice president and general counsel of Motorola Mobility. “Motorola Mobility has worked hard over the years to build an industry-leading intellectual property portfolio that is respected by the telecommunications industry, and we are proud to leverage this portfolio to create differentiated innovations that enhance the user experience. We will continue to take all necessary steps to protect our intellectual property, as the Company’s patent portfolio and licensing agreements with companies both in the U.S. and around the world are critical to our business. We have been negotiating with Apple and offering them reasonable licensing terms and conditions since 2007, and will continue our efforts to resolve our global patent dispute as soon as practicable.”

Business Risks

This press release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements include, but are not limited to, statements about future actions with respect to this litigation and other future actions. Forward-looking statements involve certain risks and uncertainties that could cause actual results to differ materially from those indicated in such forward-looking statements, including but not limited to our successful protection of our intellectual property in this litigation and in other pending and future matters; and the other risks and uncertainties contained and identified in Motorola Mobility’s filings with the Securities and Exchange Commission (the “SEC”), any of which could cause actual results to differ materially from the forward-looking statements. The forward-looking statements included in this press release are made only as of the date hereof Motorola Mobility does not undertake any obligation to update the forward-looking statements to reflect subsequent events or circumstances or update the reasons that actual results could differ materially from those anticipated in forward-looking statements, except as required by law.

About Motorola Mobility
Motorola Mobility, Inc. (NYSE:MMI) fuses innovative technology with human insights to create experiences that simplify, connect and enrich people’s lives. Our portfolio includes converged mobile devices such as smartphones and tablets; wireless accessories; end-to-end video and data delivery; and management solutions, including set-tops and data-access devices. For more information, visit motorola.com/mobility.

 

Via: Gizmodo, Motorola

  • Anonymous

    phlpn.es/829r8s

  • Anonymous

    Love the picture, LOL!

  • Anonymous

    phlpn.es/829r8s

  • http://www.facebook.com/mariafe.c.oneill Maria Fe Camaya O’Neill

    Dumb move by Apple to start this up in the first place and for what?  Going after Andriod OEM’s for rounded corners and the shape of the rectangle. Dumb, Dumb, Dumb! Atleast Motorola has patents based on real tech to complain about.

    • Mark

      Funny thing is, the legitimate Droid line (OG Droid, Droid 2, 3, X, X2, Bionic) has seriously cornered edges.

  • http://www.facebook.com/profile.php?id=1086293933 Jeff Carter

    Anyway I could get a Hi-Res copy of that picture? Thanks in advance

  • Pardes33

    take that apple…. farking a$$holes.

  • Fred

    gprs; who gives a rats but.  u aSheep idiots.

  • Anonymous

    While it’s awesome that Moto and Germany have given Apple a taste of their own medicine, the most awesome part of this post is..

    That picture!

  • Anonymous

    Do want that Andy!

  • Anonymous

    Now maybe we can focus on the product.. and everyone will drop these patent infringement suits since both sides borrow from each other….

  • Anonymous

    Motorola you wily rascal. 

  • babadush

    Apple may have started it but Android will finish it.

  • http://profiles.google.com/danstheman600 Daniel Sasson

    i think they should make apple sign a contract that says they cant sue moto, sammy, google, or any other android manufacturers

  • http://www.facebook.com/DELAEASY Eric Martinez

    Fandroids(FAMILY) i need you help with this poll on android vs ios http://hypebeast.com/2011/12/polls-android-vs-ios/  

    iDONT “all the new feature on new i*hone my old android does”

  • spanazneyzboi

    Moto is just jealous of the hard work that Apple has overcome. Moto could go and suck it because no matter what, Apple will still succeed!

    • Suckit

      ^ definition of fanboy?

      • Abrego47

        ^fanboy to android what is the difference?????

        • Anonymous

          Because he implied that the gentleman above him was an Apple fanboy that makes him an Android fanboy?? He should have just left the troll alone, but he gave no reason to say he is an Android fanboy. Think before you click the comment button fool

    • Anonymous

      Funny iFan. Delusional but funny.

    • Dominick DeVito

      you’re a troll, but you’re still right. 

  • Billy Jenkins

    Dear Apple,
            
    Keep your money. Even if its in the millions. Just remove your fruity products from Europe.

  • Anonymous

    Everyone is pushing the ban button on this one, but that is not a good idea.  Moto needs to take the high road on this one and not ban but make them pay a fee per phone.  This will also generate a massive amount of money for them to reinvest into Google and their devices.  Just think about it, $5 per phone….and there are how many millions of iphones out there.  You can do the math.  $$$$$$

    • Anonymous

      If they were smart, they would apply the licensing fee as a percentage and not a whole dollar amount ;) It would be a double dinger to Apple considering their their overpriced products. 16gig Ipod touch = 199. Contract free 16gig iPhone = 630?!? That is one expensive radio!  

  • Anonymous

    HAHAHAHAHAHAHAAHAHAHAHAHAHAHAHAHAHAHAHA….
    ….
    ……
    ….*gasp*
    ………
    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!

    OM NOM NOM NOM. Haven’t they seen the video about what happens to the BULLY when they press their luck???

  • http://youtu.be/GvPlAyTG4ik?hd=1 iPhoneDoesnt

    I’m all for anything against the sue happy apple but this whole bs is getting out of hand.. live and let live geez

  • Anonymous

    Poor bastards. Now they’ll be stuck with teaser release dates and buggy devices. These BS lawsuits from both sides are a joke and only the consumer get adversely affected. Put it back in your pants you two, and get on with making stuff people want so they can decide with their wallets.

  • Haproot

    Comon Moto you have the Ban hammer..  DO EET!

  • Pennywise

    It’s the urban definition of ‘suck it’

  • Haproot

    It makes me smile knowing Cr@pple is getting a taste of it’s own medicine. 

  • Trbasil

    Four important cases, the last one not Android related though. They also lost their trademark case to be able to use the Ipad name in China

  • Anonymous

    No, this is not the definition of irony. At best, this is the definition of Alanis Morissette irony. You know, coincidence. Rain on your wedding day, Apple loses court cases. This is only irony if Apple were the ones suing Motorola in this case, and then was found to have to pay Motorola because of patent infringement. And even then, only if Motorola wasn’t asking for the damages in the first place. 

    • Anonymous

      Haha, nice 1 bro +100

  • http://twitter.com/psykotikz chris grame

    Personally I’m not a huge fan of moto…but because google now owns them…<3 i'm happy

  • Anonymous

    This news made my day! :D

  • http://www.facebook.com/people/Travis-Erickson/563313398 Travis Erickson

    Obligatory “suck it trebek” comment

    • Anonymous

      I will take the “Penis Mightier”.. lmao

  • Anonymous

    You know for Steve Jobs being a Buddhist, you think he would have seen this coming; Karma is a bitch after all.  I wonder how many of the 40ish billions of dollars that were meant to destroy Android will going to be going to this… Jobs already failed at using his last dying breath to squash them after all.

  • Edwin M

    BWAHAHAHAHAHAHA!!!!

  • Anonymous

    Moto has a lot of power in this world :)

    • Christopher Riner

      Thumbs up angelface.  This one goes out to you, lol

      • Anonymous

        :) they are still on denial. Nexus is not even better than the rezound period.

        • EC8CH

          Yes! This is finally confirmed by the ruiling of this court in Germany.

        • Dominick DeVito

          Can we simply agree that we all want Apple to fail?

          /sameteam

  • Anonymous

    You’re all welcome, I still have a hand in Germany!

    • Anonymous

      Dude, I remember how pissed you were when the iPad came out. Apple should have seen this coming.

  • Anonymous

    lol iRony

  • http://www.DavidPat.com David Pat
    • http://twitter.com/sutrebla15 Albert C

      Hey, that’s not a picture of David Caruso…

    • http://steamcommunity.com/id/cylestia Cylestia

      Is that an apple impaled on a .308 cartridge?

      • http://www.DavidPat.com David Pat

        I unno I grabbed the original off Google images

  • shdowman

    Mess with the bull….   m/ -_- m/

  • Anonymous

    Does anyone knows how patents work. Because apple have been getting sued for patents for a while now, & I highly doubt they gonna ban sales of ios devices. They lost against Nokia once before, they lost against kodak once. What makes y’all think that sales are gonna banned. That’s one of things that might happen, a lot can happen from them losing. And I’m sure them banning a product isn’t one of em

    • http://www.facebook.com/profile.php?id=25001493 Hank Godwin

       It most certainly is a possibility.  Time for you to do your research.

      • Anonymous

        It’s one of the possibility, but I don’t think it’s a huge possibility. That’s just my opinion. I think they’ll just pay some sort of penalty fine. They’ve done it before

        • Anonymous

          Penalty != licensing. We have yet to see if this is a FRAND issue that Moto will have to license to Apple. If not, then Apple will have to either reengineer or pull their products if Moto doesn’t want to deal.

          • Anonymous

            It is a FRAND patent which apparently is essential to the GPRS standard and it has been widely licensed to the industry by Motorola. 

          • Anonymous

            Since you the only civil person talking on here. What does that mean exactly

          • Anonymous

            It means that Moto will have to license this to Apple, so it’s only a matter of setting a reasonable price. FRAND stands for Fair, Reasonable, and Non-Discriminatory. Basically, it means that whatever Apple infringed on is tech that’s part of an industry standard, so Moto has to license it to them at a price that is fair, reasonable, and non-discriminatory. But, as long as the price meets FRAND requirements, Apple must pay it or pull/redo their devices.

            Apple does this a lot. They “borrow” tech without paying for it. Since this is FRAND, though, a ban is very, very highly unlikely. Still, Apple did steal legitimate IP here (unlike their claims against Sammy and the others for “look and feel”).

          • Anonymous

            Your last paragraph is most important here. With the current landscape, this might be that time when someone decides to take a stance against the fruit boys. They won’t stop them alltogether, but they can deliver a serious blow to their product sales.

          • Anonymous

            FRAND patents are basically patents that are essential to the very nature of the wireless communications industry.  A company is allowed to patent the hardware, software, idea, etc. but they have to license it to any company with fair, reasonable, and non-discriminatory terms. 

            So Motorola has licensed the patents in question to other companies for use of said patents.  Apple used technology covered by those patents without paying a licensing fee. 

            Basically, Apple was told they are infringing and have to pay a licensing fee to Motorola or redesign. 

    • Anonymous

      Apple has been banning sales of Samsung tabs in Australia and Europe (Note: these are in the process of being lifted). If motorola was confident enough in their case they could ban sale of iOS devices in Germany for $134 million (which is what this article is about). More than likely, this will just coerce Apple to pay licensing fees to Motorola, but, banning is definitely an option, as has been happening a lot lately between Apple and Samsung.

  • Lmrojas

    Coman mierda hijos de puta

  • Anonymous

    Dear Apple,

    Go to hell, you hypocritical bastards.

    Sincerely,
    The World

    • Noyfb

      right on

  • Anonymous

    The patent in question is a FRAND patent so Apple can negotiate with Motorola to use it, but, if I understand correctly, Apple would still have to pay some sort of penalty.  Expect a deal to be made after an appeal. 

  • http://twitter.com/brigwheels patrick donati

    more importantly, what is the android thing eating the laptop and where can i buy one?

  • Ha

    i say stop posting this kind of stuff.  no ban of any product will ever stick.  its frankly a waste of time to read

    • Anonymous

      It drives page views and generates hundreds of comments.  This will either be the most commented on story of the day or the second most.  Mission accomplished. 

      • http://an.droid-life.com/ Dan

        False, rumors and various device news is much more popular. Nonetheless, it is always nice to get discussions going

        • Anonymous

          Agreed, I spend more time on the non-Nexus news articles on this site now. I know all I need to know about the device & I’ll pick it up. It comes when it comes, it’s just a phone. I find the comments on these types of articles are more educated & more discussion oriented.

          • http://www.facebook.com/people/Ab-Gar/538974072 Ab Gar

            yeah but nexus camera is only 5MP. 

      • Christopher Riner

        I dunno, this one is at seventy three and the two nexus ones are at 600 and the other one is over a thousand

    • Lkjlklkjl

      or you could just not read it.

  • http://www.facebook.com/profile.php?id=674902817 Zach Davis

    (we all know their will be an appeal)

    *there* sorry had to lol

  • RaptorOO7

    For $134 million I say pay the money and ban the apple stuff.  Taste of their own medicine.

    • Anonymous

      It only applies to new imports and Motorola has to license the patent to Apple under FRAND terms. It’s an Apple defeat but in reality it will not do very much of anything.

      • Jeremy Turnley

        It will make Apple pay Google a hefty license fee for each phone they sell, just as most Android makers have to pay MS for patents. It will drive Apple profits down (or prices up, although not likely given the amount they subsidize the iPhone to get people into their app store). It’s how patents are supposed to work, you pay the people to license their ideas, although in many cases you have both sides just ignoring things lest they get counter-sued for something they are using unlicensed. Apple hit the mobile market hornet’s nest with a stick, it’s only a matter of time before they got stung – and it’s not the last one.

        • Anonymous

          You have no idea what you are talking about. First of all, this has nothing to do with Google. It’s a lawsuit between Motorola and Apple involving patents in regards to the GPRS standard. Second, it’s a FRAND patent so Motorola cannot collect a hefty licensing fee.

          Actually, this has nothing to do with Andriod at all.

          • Tesseract 3

            I think he was referring to the whole “google now owns motorola sort of” thing. 

            That said, I still see your point. 

          • Steve Martin

            Do you have any idea who owns Motorola? I’m just wondering because if you did then you would’ve thought carefully about what you just said. Because since Google bought Motorola and now owns the company this has alot to do with Google.

          • Anonymous

            Google doesn’t yet own Motorola and this was initiated back in April, way before Google buying Motorola was in the picture. Try again, but think carefully.

          • mikejs78

            If you actually read the ruling, you’d see that this isn’t entirely accurate.  The judge ruled with Motorola that violation of a FRAND patent allows for hefty damages to be paid for past infringement before an ongoing fair FRAND licensing fee can be collected.  

            So, if Apple had gone to Motorola in the beginning, Moto would have had to give Apple a fair licensing fee.  But since Apple didn’t try to negotiate a licensing fee, they now will have to pay hefty damages for past infringment before FRAND licensing procedures kick in.

            This is a bigger deal than most people think.  

            And it does have to do with Android – although indirectly.  This wouldn’t even be at the table if Apple hadn’t tried to sue Moto – over Android.  

      • Bob marvin

        it will in about 5-10 years when people are using single core 3g iphones from 2011 and everyone else is using much more advanced android phones from 2020. that will b better than quad core

  • Anonymous

    Could you guys be any slower with getting news out?

    • Anonymous

      they had their ear to the ground listening for nexus rumors

      • Anonymous

        They must be deaf then. 

        • Hkhhkjh

          you win. congratulations.

    • Matthew Rosidivito

      Be nice, the tech world is big. Unless you tipped them, you shouldn’t complain.

  • Anonymous

    burn baby burn

  • http://twitter.com/CjCipriano CJ Cipriano

    Wait… Apple lawyers lost for once?

    • PSU_DI

      3 times this week!

  • Jordan

    for the first time i agree with the germans.

    • Anonymous

      What’s wrong with Germans?

      • EC8CH

        David Hasselhoff

        • Anonymous

          That’s like saying the problem with Canadians is Brian Adams. Or the problem with Americans is Tom Cruise, Jerry Seinfeld, John Edwards, Paris Hilton, Barbara Streisand, Jerry Springer, Tom Cruise (wait, already did that one), Dog the Bounty Hunter….

          This is actually a really long list, but you get my point. 

    • Anonymous

      ?? What??

  • Mimeo Ink

    Yes, but where do I find one of those adorable Bugdroid bags? 

  • Wyveryx

    Turn about is fair play :)

  • Tblain

    Couldn’t happen to a nicer company.