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]
Sally
Saturday, December 10, 2011 at 9:37 AMThis patent war is crap, when will they all just realise this, and stop this stupid little game they are all playing.
“By the time all this shakes out the only tablets left on shelves will be refurbished Etch-a-Sketches. ”
Don’t bet on it, I am sure those new fangled Etch-a-Sketches breach someone somewhere’s patient.
velocirapt0r
Saturday, December 10, 2011 at 2:19 PMNo-one is arguing that the patent war is a good thing (though I admit that I’m pleased to see Apple lose its footing a little just as WP7 is getting bigger), and the companies involved don’t think that it’s in their best interests. Unfortunately though, it’s like world peace… in that it isn’t going to happen. For the patent war to stop, one big company has to stop suing… but if they get sewed for something big, they’ll get hurt, so they need to do it too, just to protect themselves. This means that the only solution is a successful “peace conference”, and we all know how well those work…
Scoon
Sunday, December 11, 2011 at 4:19 PMWP7 – originally read that as ‘word perfect 7′ lol
Peter
Saturday, December 10, 2011 at 9:38 AMNow how in the world did Motorola retroactively steal that?
Althalus
Saturday, December 10, 2011 at 4:03 PMSteal what?
Peter
Saturday, December 10, 2011 at 4:08 PMTo quote the article:
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”
Michael
Sunday, December 11, 2011 at 11:01 PMHow on earth did you come to the conclusion that Motorola stole it? Clearly they owned the patent, they won this part of the court case.
Troll or iTard?
chris
Monday, December 12, 2011 at 2:35 AMyeah i dont get what he quoted to be making any more sense from what he first said…. what a knob, but yeah i thought this was samsungs patent anyway… pretty similar to what they are also suing apple over…
:) either way i like it haha
Max
Saturday, December 10, 2011 at 10:26 AM“…refurbished Etch-a-Sketches.” LMAO!! Well said!
chris
Monday, December 12, 2011 at 2:36 AM+1
Lord Crumplebottom
Saturday, December 10, 2011 at 10:29 AMHA! What’s good for the goose is good for the gander.
Cue the Apple defence force citing Apple is an innovator in 3… 2… 1…
But seriously, this patent war is doing nothing but harming the entire market and making patent lawyers richer by the nanosecond.
George
Saturday, December 10, 2011 at 10:51 AMI’m an Apple fan and in a way this is good as they’ll see they’re not the top-sh*t company no-one wants to sue. Basically if all these companies keep suing each other because “their volume button looks like ours”, we’ll all be going back to using smoke signals to communicate on the go. No doubt someone will ™ smoke signals now that I’ve said that…
Commander Shepard
Saturday, December 10, 2011 at 11:19 AMDone, use it again and its on!
Tom M
Sunday, December 11, 2011 at 3:26 PMTHIS was your favourite comment on the citadel? Really? :P
Andrew lay
Saturday, December 10, 2011 at 11:28 AMFinally Apple knows what it’s like to be at the other end, hope they learn a lesson and stop their never ending ridiculous suing game that they started.
Mike Haydon
Saturday, December 10, 2011 at 12:32 PMServes Apple right. Their defense against perceived patent infringement by other companies was to make a better user experience. But after their actions against the Samsung Tablet here in Australia, they can hardly expect other companies to take Apple’s perceived infringements lying down. Hopefully this is a good wakeup call to Apple to get on with what they do best and leave the lawsuits to microsoft.
OzHuski
Saturday, December 10, 2011 at 12:59 PMThey already are.. Apple is king at the most ridiculous patent lawsuits so they can keep at it and lose as far as im concerned. As far as OS’s go, I’ll take WP7 and windows any day.
I can see why people love apple products, but personally I think there are better solutions and apple needs to get over itself and become either the inventive company it once was or die.
velocirapt0r
Saturday, December 10, 2011 at 2:22 PMI’m with you. Timing couldn’t be much better too, with WP7 really building up, and Windows 8 getting its ARM release next year…
MotorMouth
Saturday, December 10, 2011 at 1:01 PM“As ye sow, so shall ye reap.” Gotta love the Old Testament, dontcha!?! Microsoft seem pretty adept at working out licensing deals in these situations, both for their patents and others they infringe, Apple need to pull their heads in and start doing the same. Sharing innovation and acknowledging it’s source makes good sense for everyone. This adversarial krap just demeans them all.
kzd
Saturday, December 10, 2011 at 1:10 PMMerry Christmas Apple. You started it.
BCK
Sunday, December 11, 2011 at 9:11 PMLlllllllllike.
olearymo
Monday, December 12, 2011 at 9:07 AMmost definitely +1.
Don’t start nuttin’, won’t be nuttin’.
DarthDVD
Saturday, December 10, 2011 at 1:50 PMAt least Microsoft licence their stuff unlike apple who want to own it all and not share… (and if Microsoft did infringe then they also licence)
and now what Motorola Mobility is owned (or soon to be owned) by Google… they may want to treat Apple like they have been treating them (Google).
But that would be petty. Google may wish to offer a olive branch, of licensing for patents owned by google in exchange for “patents” that Apple “allegedly” owns.
Or force Apple to first at least attemt to licence the patents first before sueing people.
welbot
Saturday, December 10, 2011 at 1:56 PMThems some seriously rotten apples!
Antonia
Saturday, December 10, 2011 at 2:29 PMWhat, where are all the people that were vocal with their support of Apple in their fight with Sammy over stolen IP. Shouldn’t you now be vocal in your siding with Moto? After all, a thief is a thief.
jp
Saturday, December 10, 2011 at 2:30 PMsuck it apple, they should just agree to stop suing each other.
Virus__
Saturday, December 10, 2011 at 2:42 PMAs much as I like the simplicity of the iOS devices. About time it came around and bit Apple in the arse.
Simon Reidy
Saturday, December 10, 2011 at 3:22 PMSuck it Apple. They deserve every bit of payback possible after their stupid patent disputes and attempt to block sales of competitor’s products. Did they really think that wasn’t going to backfire and harm their precious public image? Or result in the payback patent war we’re now going to see, that will do nothing but stifle innovation, waste money and time?!
Sent from my pissed off jailbroken iPhone4!
BenDTU
Saturday, December 10, 2011 at 4:43 PMOh Gizmodo US, you so terrible.
They won a patent lawsuit that gives them the *right* to an injunction in Germany. They’ve already put out a press statement saying they’re negotiating with Apple for a licence.
But I suppose Gizmodo US has to keep the lights on and clicks coming in somehow, so carry on.
DarthDVD
Saturday, December 10, 2011 at 6:24 PM/\/\/\ 7 posts up….
[/quote]
And now what Motorola Mobility is owned (or soon to be owned) by Google… they may want to treat Apple like they have been treating them (Google).
But that would be petty. Google may wish to offer a olive branch, of licensing for patents owned by google in exchange for “patents” that Apple “allegedly” owns.
[/unquote]
BenDTU
Saturday, December 10, 2011 at 6:37 PMYep, that seems reasonable to assume.
Skint
Saturday, December 10, 2011 at 9:11 PMCan you feel the Apple love in here or what??
Me neither.
chris
Saturday, December 10, 2011 at 9:24 PMHahaha motorolla beat samsung to it. Either way im happy to see apple on the recieving end finally. Now hopefully they dont go on thinkinh they are invincible…
Timmy
Sunday, December 11, 2011 at 8:42 AMHow stupid of you to think Apple will be so upset by this … You watch it won’t hurt them at all – They are huge
Michael
Sunday, December 11, 2011 at 11:06 PMErrr to have your product banned in Europe would leave a mark on any company.
And clearly it did upset them if they wanted a $2.3 Billion bond citing potential losses rather then $138 Million.
light487
Monday, December 12, 2011 at 8:58 AMCorrect. They certainly won’t be bankrupted by it.. but it’s going to sting. Their share price will undoubtly fall considerably if Moto proceed with the injuction not to mention the actual dollars through the door and then if Moto do win the case, it’s going to really hurt… but it still won’t bankrupt them of course.. but there are worse things than death, as they say.
InformedGamer
Monday, December 12, 2011 at 9:12 AMBanks: ” We’re too big to fail”
Nek Minnit…
jimmy
Sunday, December 11, 2011 at 9:08 AMfinally. someone crammed it up back theres. stupid apple, bit the wrong side of the apple this time. haha
Evil Stan
Sunday, December 11, 2011 at 10:06 AMI foresee that when the Motorola case has been finalised (for or against Apple) in 5 months, Samsung will do the same thing adding another 5 months injunction, then Nokia will do it, then Google, then the Apple Growers Association of Tasmania, then……..
The Line Starts Here!
Mmmmm
Sunday, December 11, 2011 at 2:21 PMIt’s a shame Steve is not here to deal with this his head was jammed so far up his arse when it camer to sueing others for patent infringement. This might of been the enima he needed.
iceleron
Monday, December 12, 2011 at 8:39 AMYikes! harsh….
Mmmmm
Monday, December 12, 2011 at 8:06 PMSorry mate, as you guessed I’m not a Steve fan
Charles
Sunday, December 11, 2011 at 4:06 PMI would love to see Apple take a blow a little, perhaps to increase the competition and drive the cost of their frankly very good products down.
Sayonarax
Sunday, December 11, 2011 at 5:39 PMApple attended to many Microsoft meetings.
DarthDVD
Monday, December 12, 2011 at 8:43 AMYes they attended to many of the Earlyer meetings and not the later meetings where they licence everything.
light487
Monday, December 12, 2011 at 8:41 AM“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.”
Wait a minute.. they had to WIN THE CASE FIRST before the injunction was granted? This is a good thing of course and I can only hope that this will be the way things are done from now on.. but considering Apple was able to cause an injuction BEFORE winning a case in Europe and in Australia, plus the fact that Motorola’s case was started before the Apple suits were undone.. kinda makes you wonder about stuff.