Monday, December 12, 2011

Prohibition of sale of the iPhone and the iPad in Germany? Motorola has succeeded in a dispute with ... - IHNed.cz

Illustration – iPhone.

photo: HN – Luke Biba

American company Motorola Mobility in Germany recorded a partial victory in patent litigation that led to Apple. The court in Mannheim ruled that the European part of Apple to stop the sale and distribution of telecommunications equipment module (and iPhone monitors with support for mobile Internet), because collide with some of Motorola’s patents.

Apple failed with the defense, under which Motorola has failed to fulfill an obligation to offer a license to use patents under the rules of FRAND, a non-discriminatory terms, because of the patents relating to technology recognized as the industry standard.

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interim measures enter into force if the Motorola fold deposit € 100 million, about 2.5 billion. For Motorola the amount itself is not a major problem – it stands for Google, which plans to buy Motorola and now only awaits the approval of the transaction.

Apple, which in Germany leads more patent litigation, the court finding against a planning appeal. “Against the decision of the court to immediately withdraw. Those who will be in Germany for Christmas shopping, but would not have trouble finding exactly the iPad and iPhone, what they want,” said Apple spokeswoman Kristin Huguetová.

“The decision focuses on European Apple’s sales organization, but applies only to the sale that the company provides to German customers,” he told Reuters on patent law expert Florian Müller.

European part of the Apple Sales International is based in Cork, Ireland and the verdict, the court has concerns patents for wireless communication. This means that if the company does not resolve the dispute, Apple might have a problem later in Germany to sell the latest iPhone 4S or iPad 2 tablets in versions with 3G.

Motorola said that the problem with Apple is a long time and since about 2007 he has license terms that are reasonable according to Motorola. “Motorola Mobility will continue to devote every effort to solve global patent litigation as soon as possible,” says a company statement.

Apple has failed in Australia, where the judges with Samsung. The smallest continent now expired interim measures to prevent the sale of the tablet Galaxy Tab 10.1, the local market. Conversely Samsung today failed attempt to get interim relief against the sale of the iPhone 4S in France.

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