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German court: Motorola, Samsung don't violate Apple touch event patent
Motorola and Samsung won a small victory in Mannheim Regional Court this week when a panel ruled that the two companies do not infringe on Apple's "touch event model patent," says Florian Mueller of FOSS Patents. Judge Andreas Voss oversaw the two separate lawsuits that happened to make their way through the German court at the same time. According to FOSS Patents, Apple patent EP2098948 is a fairly broad patent that describes how an operating system recognizes touch events in multitouch-enabled devices. Because of its general nature, enforcement of the patent would have required a significant amount of effort to develop a workaround and would likely degrade the resulting user experience of any competitor's products. Apple lost a similar case in the Netherlands where it was denied an injunction request based on this patent. The Cupertino company also asserted this patent against HTC in the UK and the court ruled the patent was invalid. The German court didn't take the ruling that far, but it did let Motorola and Samsung off the hook this time. [Via Engadget]
German court grants Motorola injunction against Windows 7 and Xbox 360 (updated: Microsoft comments)
Microsoft and Motorola continue to duke it out in courts across the world, and it looks like the Google-owned manufacturer has just chalked up a victory in Europe. Based on a pair of patents involved the H.264 video codec, the Mannheim regional court ruled on four lawsuits between the two companies, granting an injunction against the continued distribution of Windows 7, Internet Explorer, Windows Media Player and the Xbox 360 in Germany. Microsoft has already upped sticks from the country to reduce the effect of its current legal predicament. FOSS Patents reports that Motorola won't be able to immediately enforce the ruling. The company is still being investigated by the EU over possible antitrust violations related to licensing its patents -- something that could further complicate today's ruling. Update: Microsoft's just got in touch to comment on the recent ruling -- it doesn't look like it's over just yet: "This is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms for the benefit of consumers who enjoy video on the web. Motorola is prohibited from acting on today's decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola's broken promise. "
German court upholds ban on iCloud and MobileMe push emails
It's been well over a month now since Apple suspended push email from its iCloud and MobileMe services, and it doesn't look like it will be switching them back on any time soon. According to the Wall Street Journal, a German regional court has backed the ban, upholding Motorola Mobility's claims of patent infringements. The court agreed that Apple must also pay damages to Motorola, but has yet to agree on an amount. So, for now, users will need to stick to manually fetching updates, and hope a final agreement can be met further down the line.
German court tosses one Apple suit, one Samsung suit
The Mannheim Regional Court was busy this morning, handing down two rulings that threw out one of Samsung's 3G/UMTS lawsuits against Apple and one of Apple's slide-to-unlock lawsuits against Samsung. This slide-to-unlock case is separate from the one Apple won earlier this week in the Munich I Regional Court against Motorola. Both companies have the option to appeal. According to FOSS Patents, there are at least 14 lawsuits between Apple and Samsung in Germany. Judges ruled on four of these lawsuits, with Samsung losing three in a row and Apple losing one. In each of these losses, the judge threw out the lawsuit.
German court dismisses Motorola's patent lawsuit against Apple
Motorola suffered a setback in Germany this morning, after a Mannheim Regional Court struck down one of the company's several patent lawsuits against Apple. The patent in question, EP1053613, is considered essential to the 3G/UMTS wireless standard and, more specifically, pertains to a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal." Motorola Mobility had argued that Apple's products infringed upon this patent, but Judge Andreas Voss today dismissed these claims, on the basis that the plaintiff failed to demonstrate Cupertino's violation. It's undoubtedly a welcomed victory for Apple, which had been suffering through something of a losing streak against Motorola, but their ongoing tug-of-war is far from over. Neither Motorola nor Apple have commented on the decision.
Motorola wins permanent injunction against Apple's iCloud in German court (update: ban lifted)
There's another legal brouhaha brewing in Germany, where Motorola today won an injunction against Apple's iCloud. In a decision handed down from the infamous Mannheim Regional Court this morning, Judge Andreas Voss issued a permanent injunction against Cupertino's cloud-based service and any devices that use it, following a complaint that Motorola originally filed in April of last year. The two companies, as you may recall, have been going at each other rather aggressively in Germany, where Motorola scored a similar victory, back in November. At issue in today's ruling is a European Patent that outlines a "multiple pager status synchronization system and method," upon which iCloud, Motorola claims, infringes. The injunction, as FOSS Patents explains, targets Apple's Ireland-based European distribution branch, but it only applies to the German market -- not Europe, as a whole. And while it's technically "permanent," it's still "preliminarily enforceable," which means Apple can (and likely will) appeal. Motorola, meanwhile, can seek to enforce it, if it's willing to post a €100 million bond. Apple had been seeking a bond of €2 billion, but was ultimately denied. For more of the legal nitty gritty, check out the source link below.Update 1: Citing a statement from Apple, Germany's Deutsche Presse-Agentur news agency is now reporting that the company has pulled the iPhone 3G, the iPhone 3GS, and the iPhone 4 from its German online store, along with any 3G/UMTS-enabled iPads. The move appears to come in response not to today's ruling, but to a decision issued in December, when Motorola won an injunction against Apple, on the grounds that its 3G/UMTS technology infringes upon one of Moto's European patents. According to FOSS Patents, Apple presumably lost its appeal to the Karlsruhe Higher Regional Court, after Motorola sought to enforce the injunction. Update 2: Apple has formally responded to each of today's events, confirming its plans to appeal the court's ruling on iCloud, and explaining its reasoning for pulling its products. "Apple believes this old pager patent is invalid and we're appealing the courts decision," the company said in an e-mailed statement to PaidContent. As for the 3G/UMTS case, Apple says it's still lobbying for a reversal, and that the pulled devices are still available at brick-and-mortar retailers within Germany. "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 authorised reseller," the statement reads. "Apple is appealing 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." Update 3: And just like that, the BBC is reporting that Apple's exhortations have been heard, and the ban has been lifted. Details are few, but Cupertino had this to say about this latest turn of events: "All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly."
German court rejects Samsung's second 3G patent complaint against Apple
About a week after suffering a legal setback in Germany, Samsung received another bit of bad news this morning, when the Mannheim Regional Court rejected the second of its patent infringement claims against Apple. As with last week's ruling, today's decision addresses one of Samsung's arguments that Apple's 3G / UMTS technology infringes upon its patents. Judge Andreas Voss officially shot down these claims early this morning, though he didn't offer an immediate reason for his ruling. As FOSS Patents points out, however, these initial decisions against Samsung may be based on the validity of the specific patents themselves, and would therefore have no bearing upon the outcome of the Korean manufacturer's three other claims -- all of which are based upon different 3G / UMTS patents. In addition, the company is pursuing two lawsuits based on patents not related to 3G standards, including one, apparently, that details a way to type smiley emoticons on a mobile handset. We're still awaiting more information on today's outcome and will update this post as soon as we hear more.
German court shoots down Samsung's 3G patent lawsuit against Apple
Germany's Mannheim Regional Court has just issued a decision on one front of the ongoing dispute between Apple and Samsung, ruling against one of the Korean manufacturer's several patent infringement claims. At issue is a Samsung patent pertaining to the 3G / UMTS standard -- one of seven that Apple has been accused of infringing. Today, Judge Andreas Voss rejected Samsung's claim, though the reasoning behind this decision remains somewhat murky. According to FOSS Patents, however, the validity of the patent itself probably wasn't the driver behind Voss' ruling, since any doubts would have resulted in a stay, rather than an outright rejection. FOSS speculates that the court determined either that Apple wasn't infringing upon Samsung's patent, or that Samsung has simply exhausted its IP rights.In a statement, Samsung said it has yet to decide whether it will appeal today's ruling. "We are disappointed that the court did not share our views regarding the infringement by Apple of this specific patent in Germany," spokesman Nam Ki-yung said. "It should be noted that today's ruling relates to only one of several patents asserted by Samsung in the Mannheim court." We're still awaiting official documentation, and will update this post as soon as we hear more.
Motorola wins injunction against Apple Sales International in German patent dispute (update: Apple appeals)
After issuing a default judgment against Apple last month, Germany's Mannheim Regional Court has now granted a "preliminarily enforceable" injunction against Ireland-based Apple Sales International, on the grounds that its products may violate some of Motorola Mobility's patents. At issue is Motorola's European Patent 1010336 (B1), which covers a "method for performing a countdown function during a mobile-originated transfer for a packet radio system." According to Foss Patents, the court's injunction encompasses the iPhone (3G, 3GS and 4), iPad 3G and iPad2 3G. The ruling also states that Apple can avoid the injunction if it removes the patent-infringing elements from its devices, though it's more likely that Cupertino will appeal to the Karlsruhe Higher Regional Court, in the hopes of obtaining a stay. We've already reached out to Apple for comment, and will update this post as soon as we get more information. Update: And as expected, Apple intends to appeal the ruling which, if enforced, would only apply to future shipments. So grab that existing stock while you can.
