Motorola wins Injunction in a Patent Case against Apple in Germany

Another court loss for Apple. On Thursday, Motorola Mobility won an injunction in a Patent Case against Apple in Germany for failing to license one of its wireless intellectual properties.

This could possibly hurt and prevent the sales of the iPhone and iPad in Europe.

 

With Apple to quickly respond, their spokeswoman, Kristin Huguet said in a statement,

We are going to appeal the court ruling right away and the holiday shoppers in Germany should have no problem finding the iPad and iPhone they want.

This is a fast move to prevent Motorola in attempting to block off sales in the country.

 

In order to enforce the injunction against Apple, Motorola must pay a bond of about $133.8 Million, which Motorola has gladly welcomed. Followed by a quote from their Senior Vice President and General Counsel of Motorola Mobility saying,

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 US 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“.

Apple asked for a bond of $2.7 billion, but was denied.

 

Apple has offered to pay a FRAND-set fee, (which stands for Fair, Reasonable And Non-Discriminatory), which turned out to be unsuccessful because they tried contesting the validity of the patent. This will allow the owner of the FRAND-type patent to license out its technology to other third parties.

 

 

My Thoughts:

It seems to me that Apple doesn’t want to pay anyone or believe they should ever have too, even when clearly they’re in the wrong. If you have been following the trail of ligitation with any degree of detail you would know that the preponderance of cases were filed by Apple. In self defense, Microsoft, Motorola, Samsung, and others have had to join the fray and countersue. The shame of all of this is that if these companies could figure out an equitable way to share patents, they could all make money while competing in the same product categories.

 

 

Would like to here your thoughts on this matter.

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