subject: Motorola Wins Apple Patent Rights In Germany [print this page] Over the past Friday, Motorola Mobility has its biggest win on rival Apple over patent rights of iPhone and 3G model iPads in Germany. Now Motorola is celebrating after a German court ruled in its favor at the weekend in the angrily contested patent dispute with Apple.
Motorola Mobility patent, ruling that Apples iPhone and 3G model iPads break on cellular communications patents owned by Motorola Mobility that relate to General Packet Radio Service (GPRS) data packet transfer technology. However, the court in Manheim, Germany granted Motorolas requests for damages and an command banning the importation of iPhones and 3G iPads into Germany, because the ruling relates to the importation of new device exports and sales, Apple has said it already has sufficient existing inventory to ensure German shoppers will be able to purchase said devices in the all-important lead up to Christmas.
The German court ruled in favor of Motorola, which means that Motorola Mobility could now attempt to force all of Apples 3G products out of German shops, although Apple has confirmed they intend to appeal immediately. However, Apple is using 3G technology in both its iPhones and 3G compatible iPads. The Attorney said that Motorola Mobilitys declaration that Apple had used one of its wireless logical properties illegally in its 3G technology after not applying for a license from Motorola Mobility, which owns the intellectual property rights.
Motorola said the decision of the attorney had justified the companys efforts to enforce its patents against Apples infringement. And now Motorola can decide whether to launch a ban against the sale of certain Apple technology within Germany. After ruling the decision in their favor, Motorola in a statement, Motorola Mobility said that they will continue to take all necessary steps to protect their intellectual property, as the Companys patent portfolio and licensing agreements with companies both in the U.S. and around the world, as the patent rights are critical to their business.
They have been negotiating the talks with Apple and offering them reasonable licensing terms and conditions since 2007 and Motorola will continue its efforts to resolve their global patent dispute as soon as possible. An Apple spokesperson said, All Things Digital that the company would indeed fight the decision, saying, they will be going to appeal the courts ruling right away.
However, German shoppers are keen to snap up a 3G iPad or iPhone should not worry overly. Apple has already confirmed that it intends to launch an immediate appeal against the decision, stating: Holiday shoppers in Germany should have no problem finding the iPad or iPhone they want. The case curtail from Apple using Motorolas method for performing a countdown function during a mobile-originated transfer for a packet radio system, technology in its hardware over the past four years.
Although, Apple has offered Motorola a set fee for this service going forward and a similar rate for several other violations the company had made in the past. But, Apple lost the case because it tried to maintain the right to contest past damages caused by infringing the Motorola patent.