Oxymoron of the day: Reality TV
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Motorola is granted an injunction against Apple in Germany
US PHONE MAKER Motorola has been granted a preliminary injunction against Apple in Germany.
Patent gadfly Florian Mueller posted a document outlining the default judgment against Apple after Motorola's claims that the fruit themed gadget firm infringes two mobile device patents. It is thought the patents cover the Iphone, Ipad and Ipod Touch.
Apparently, Motorola can immediately take action to stop the sale of infringing products. However, the ruling might not block the sale of Apple products in the country as Apple resellers might get products from other countries as a workaround.
This case is part of Motorola's and Apple's legal battles around the world. In August Motorola confirmed that Apple was suing it for design patent infringement in Germany.
Meanwhile, in September Apple filed a motion to stay a lawsuit launched against it by Motorola Mobility in the Southern District of Florida, claiming that Google's acquisition of the company means Motorola has forfeited its right to sue.
Apple and Samsung and also suing each other left, right and centre, and both are now being investigated by the European Commission over alleged FRAND patent abuse. µ
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In the injunction Apple won against Samsung, it only blocked Samsung Germany from importing its Galaxy tablets; parent Samsung was free to continue supplying to anybody else who wanted to bring them into Germany.
However, this injunction is against parent Apple. That means that, once Apple Germany runs out of stock, parent Apple cannot supply any more without coming into contempt of court. Verry innteresting...
research it a bit, Steve T is correct. One of these patent (US version of it) is used in battle between Moto and Apple in US and Apple raised FRAND concerns and there are rumours that this could be also part of the plan, don't forget EU is said to investigate Samsung in regards to essential patents and its claims against Apple (which don't seem to be fair and reasonable).
read the article properly this time, and note that there is a good chance that crapples products we be banned.
Apple have been free riding on mobile 3g technology/patents Motorola, Samsung for the last four years...
What goes around comes around...
Apple has two legal entities in Germany, Apple Inc. and Apple Germany. The default judgement (i.e. Apple didn't bother to turn up) is against Apple Inc, who don't actualy import anything. There's a separate case against Apple Germany who do, and the current judgement has no bearing on that.
So Motorola are left with a judgement forbidding Apple Inc. from doing something that they don't do, and couldn't be bothered defending as they don't do it. Big win that isn't it?