motorola wins Europe-wide ban on iOS devices

[jesseh]

I haven't seen this here....


Motorola Wins Europe-Wide Ban On iOS Devices | Gizmodo Australia

Apple just found itself on the receiving-end of some legal hurt. Motorola has successfully sued Apple in Germany, paving the way for a Europe-wise sales ban on basically all iOS devices. Better get those Apple stocking stuffers like now-ish.

Motorola Mobility has won its first of two patent-infringement cases against Apple, both of which were filed back in April. This grants them an injunction against all of the products which infringe. No big deal, that only includes the iPhone, iPhone 3G, iPhone 3GS, iPhone 4, the original iPad 3G and iPad 2 3G. Oh damn. And if you’re feeling smug because you didn’t see the iPhone 4S in there, that’s only because the lawsuit was filed back in April, but it’s a pretty safe bet that the 4S includes the offending technology, too. Needless to say, this is potentially a major blow to Apple.

The patent in question relates to core mobile technology and is described in the court document as “method for performing a countdown function during a mobile-originated transfer for a packet radio system”. If the ruling is upheld, Apple must either remove this technology from their devices or pay a hefty licensing fee. There is also a question of payment for past infringement.

Motorola Mobility must now decide whether or not they will enforce this ban immediately. Naturally, Apple is going to appeal the case, but the injunction is already enforceable. If Moto opts to do so, they must cough up a $US134 million bond, in case the verdict is overturned in appeal. Apple wanted the bond set at $US2.7 billion citing the massive losses it would take, but here, too, the judge sided with Moto.

It seems that Apple is suddenly getting a taste of its own medicine after the whole Apple vs Samsung thing here in Australia (and Europe and the US). By the time all this shakes out the only tablets left on shelves will be refurbished Etch-a-Sketches. [Foss Patents via 9to5 Mac]

[Korepab]

Wow, that's some major bad news for Apple.

Looks like the hunter has become the hunted...

Interesting article. Thanks for posting!

[gord888]

a bit of a misleading title being that they only won in Germany not all of Europe.. yet. Odds are Motorola will get a nice hot cash injection from Apples huge bank account and the story will be buried and forgotten.

[Fat Bastage]

It appears that an Australian Blogger has a bit of an axe to grind against apple that causes him to exaggerate just a tad.

And here we think that RIM is the only one on the receiving end of half truth bloggers articles with an agenda.

[branta]

Moving to the appropriate Apple forum!

Originally Posted by gord888

a bit of a misleading title being that they only won in Germany not all of Europe.. yet. Odds are Motorola will get a nice hot cash injection from Apples huge bank account and the story will be buried and forgotten.

Not misleading at all. Any import ban would be applied thrugh Customs controls, and the whole of EU is a Common Customs Area.

The analogy would be that a US state court could prohibit import of an illegal product. That ban could apply to points of entry in all 50 states unless overturned by a higher court.

[mikos]

All these back and forth lawsuits are getting out of hand. Apple sues because a tablet from Samsung looks like...uhh...a tablet from Apple. Perhaps all the laptop manufactures should sue each other since their designs look like the others. How many ways are there to make a tablet or smartphone?

My iPhone looks like a Samsung or is it the other way around? Who really cares? Let the consumers decide with their wallets. These big companies need to knock it off.

[soccernamlak]

Originally Posted by mikos

All these back and forth lawsuits are getting out of hand. Apple sues because a tablet from Samsung looks like...uhh...a tablet from Apple. Perhaps all the laptop manufactures should sue each other since their designs look like the others. How many ways are there to make a tablet or smartphone?

My iPhone looks like a Samsung or is it the other way around? Who really cares? Let the consumers decide with their wallets. These big companies need to knock it off.

Sadly, the problem companies face is if you don't protect your patents, then people can walk all over them. If you do protect them, because they're so vague to begin with, everybody is liable. So do you, as a company with shareholders, uphold your legal patents and go after infringers? Or do you just "knock it off" and potentially miss out on litigation retributions, etc.?

I don't know the answer. I think our patent process needs a reform and is partially to blame here.

[avt123]

Yep reform is needed badly.

[Capitan Totti]

Originally Posted by branta

Moving to the appropriate Apple forum!



Not misleading at all. Any import ban would be applied thrugh Customs controls, and the whole of EU is a Common Customs Area.

The analogy would be that a US state court could prohibit import of an illegal product. That ban could apply to points of entry in all 50 states unless overturned by a higher court.

I am not sure this is correct.

Not only if something happens state wise in the USA, it only applies in that state, since its not federal, but in Europe, if Germany bans Apple products, it can't and won't affect other countries...

[mikos]

Originally Posted by soccernamlak

Sadly, the problem companies face is if you don't protect your patents, then people can walk all over them. If you do protect them, because they're so vague to begin with, everybody is liable. So do you, as a company with shareholders, uphold your legal patents and go after infringers? Or do you just "knock it off" and potentially miss out on litigation retributions, etc.?

I don't know the answer. I think our patent process needs a reform and is partially to blame here.

I am all for protecting intellectual property, that makes perfect sense. My issue is that some of the lawsuits are around design. Can Apple patent a rectangle? Patents around unique software, unique hardware elements, and so on make sense and should be protected.

My issue are all the bans the companies are seeking because the phones and operating systems are too similar to each other. Judges need to start tossing out some complaints on the basis that some things cannot be protected like a shape. Unique design elements inside that rectangle, sure, but not the actual overall shape.

The fact that Microsoft makes more money off their Android patent licensing than their actual Windows Phones should be some sort of wake up call that all of this is getting out of hand.

[Accidental Post]

While I agree with you Mikos I saw the original Samsung 8.9 tab and at First glance it did look like an iPad, not defending these crazy lawsuits but ultimately the consumer gets hurt.

[xandermac]

If Apple are infringing on others property then they need to be brought into line, just as they're trying to do with samsung.