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Apple, Motorola in patent struggle in Germany

Fri Feb 3, 2012 6:28 PM EST
technology, eu, apple, germany, motorola, motorola-mobility
ffftbs
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FRANKFURT — Apple Inc. has temporarily blocked Motorola Mobility's attempt to have it withdraw several iPhone and iPad models from its Internet store in Germany, the latest twist in an extended legal duel over patents between the companies.

The sale of the devices was briefly halted after Libertyville, Ill.-based Motorola Mobility Holdings Inc. enforced a ruling it won against Ireland-based Apple Sales International Inc., from a court in Mannheim, Germany.

The court had earlier ruled that Apple should not be using Motorola's mobile technology in the devices without a license.

Motorola Mobility moved to enforce the decision and Apple announced Thursday it was halting online sales. A few hours later, Apple said it had won a suspension from an appeals court in Karlsruhe.

"All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly," Apple said in a statement. "Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago."

Apple says Motorola Mobility has refused to license the technology even though Motorola agreed it should be an industry standard.

In a statement Friday, Motorola Mobility said it will continue to pursue claims against Apple. It said Apple had refused to negotiate in good faith.

The devices in question were the iPhone 3G, the iPhone 3Gs and the iPhone4 and UMTS-capable iPads — but not the iPhone 4S.

Florian Mueller, an intellectual property consultant who has been reporting on the cases on his blog FOSS Patents, said that the wording of the Karlsruhe decision only suspends enforcement of the decision until the court can hear a response from Motorola.

"This is a very, very temporary suspension," said Mueller. "Apple could be in the same situation again a week or two down the road."

The two companies are also at odds over what Motorola Mobility says is improper use of its push email technology that sends email to smartphones. The Mannheim court ruled in Motorola's favor Thursday, but Apple said it would appeal and that people using its phones would keep getting their email.

© 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • ffftbs's Column, All of Newsvine
  • Groups: Apple Seeds
  • Regions: Germany , Frankfurt
  • Public Discussion (4)
Tappy McWidestance

So Apple wants to use other company's IP without a license because, well, they are Apple. But God forbid you steal some of their technology. Then the fires of hell will rain down on you.

You are the largest company in the world Apple. Pay up or do your own R&D. You can pass the cost increase down to your sweat shop workers you exploit or up to the fanboys who joyfully overpay for your products.

  • 1 vote
Reply#1 - Sat Feb 4, 2012 9:19 AM EST
Brian Ford

Apple says Motorola Mobility has refused to license the technology even though Motorola agreed it should be an industry standard.

Perhaps you didn't read the article. I've gone ahead and clipped the relevant portion.

I'm not particularly expecting a reasonable response, given the tone of your first comment, but I thought I'd at least give you the chance.

Have a great day!

(Bonus points, by the way, for suggesting that it's *Apple* in the smart phone industry that needs to do it's own R&D. Sometimes, a little levity is good for everyone!)

  • 3 votes
#1.1 - Sat Feb 4, 2012 12:29 PM EST
Tappy McWidestance

Apple feels they should get a discounted price instead of paying what Motorola wants to charge. Because they couldn't negotiate a deal Apple chose to steal the technology instead.

Don't be a fanboy.

  • 1 vote
#1.2 - Sat Feb 4, 2012 11:41 PM EST
Brian Ford

Interesting. You must know what Motorola was asking, and that it was reasonable, and you must also know that the court will rule that apple wasn't already covered given that they bought the chips from a company that licensed them.

I have to assume you know these things, because you're choosing to not make those arguments, instead relying on the tired trope of accusing someone you don't agree with of being a fanboy. Tell me, what DO you actually know?

  • 2 votes
#1.3 - Sun Feb 5, 2012 2:09 AM EST
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