News
Motorola secures second patent win, forces Apple to halt online iPhone, iPad sales in Germany
By Charles Starrett
Senior Editor, iLounge
Published: Friday, February 3, 2012
News Category: Apple, iPad, iPhone
Motorola Mobility has won a second patent ruling against Apple in Germany, even as the latter has been forced to remove some iPhone and iPad models from its online store thanks to the prior ruling. Bloomberg reports that the Mannheim Regional Court found that Apple infringed upon a Motorola patent used to synchronize email accounts with its iCloud service, a ruling that allows Motorola hold Apple liable for damage. “The court has come to the conclusion that the wording of the patent does cover functions that were at issue here,” said ruling Judge Andreas Voss. Apple “wasn’t able to convince the court that it isn’t infringing.” Apple spokesman Alan Hely said that “Apple believes this old pager patent is invalid and we’re appealing the court’s decision.”
In addition, Apple overnight removed some iPhone and iPad models from its online store in Germany in response to a ruling from December claiming that the products infringe upon a Motorola patent related to GPRS technology. Specifically, the iPhone 3G, iPhone 3GS, iPhone 4, and all Wi-Fi models of the iPad are affected—according to BBC News—but not the iPhone 4S or Wi-Fi-only models of the iPad. “While some iPad and iPhone models are not available through Apple’s online store in Germany right now, customers should have no problem finding them at one of our retail stores or an authorized reseller,” Hely said. Apple has appealed the December ruling, arguing that Motorola refuses to license the industry standard patent on fair and reasonable terms.
Update: Apple has since been granted a suspension of the injunction against the iPhones and iPads mentioned previously. ”All iPad and iPhone models will be back on sale through Apple’s online store in Germany shortly” Apple told SlashGear 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.”
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1
So if we follow the train of “logic” from this week’s German court activity the Galaxy 10.1 cannot be sold because it violates patents related to the iPad, but the iPad can’t be sold because it violates Motorola’s patents. Genius.
When do these corporations realize it’s time to put the lawyers away and compete with the consumers instead?
Trying to apply the concept of patent law from hundreds of years ago to macro level *concepts* for semiconductor based technology is an unworkable idea in the long run. I am certainly not being helped as a consumer with a significant percentage of the cost of my technology going to “license” conceptual ideas from whatever company currently has the courts’ favor (since there are usually dozens of companies that could claim “ownership” of the same contested elements), and I can’t imagine these companies are being helped by the system either now that the tech world has become a case of Everyone vs. Everyone.
Posted by Code Monkey in Midstate New York on February 4, 2012 at 6:37 AM (PDT)