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Products pulled as Motorola wins permanent iCloud injunction

by Alistair Lowe on 3 February 2012, 12:07

Tags: Apple (NASDAQ:AAPL), Motorola (NYSE:MSI), Samsung (005935.KS)

Quick Link: HEXUS.net/qabb6z

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Dealing several massive blows to Apple in Germany this week and in fact, also from a case involving 3G patents that concluded last year, Motorola has been awarded a permanent injunction both against Apple iCloud + connecting devices and, against 3G UTMS-enabled devices, as Apple's appeal against last year's ruling fails.

At this stage the iCloud permanent injunction is "preliminarily enforceable", meaning that it is open to appeal, however Motorola may seek to enforce the injunction if it's willing to place forwards an £83 million bond. The patent in question specifically focused on the Push E-Mail service of iCloud and so it is perhaps possible that, in the meantime, Apple may look to disable the infringing element.

Whilst no action has yet been taken in regards to the iCloud injunction, German news agency, Deutsche Presse-Agentur, has reported that the iPhone 3G, the iPhone 3GS and the iPhone 4, along with any 3G UMTS iPads have now been pulled from Apple Germany's online store in relation to last year's case.

Though some serious legal ramblings are taking place in Germany, this has not prevented Apple from fighting back against the Android community on other fronts, with the firm launching a renewed strike against Samsung in Australia. Apple has now raised 278 claims involving 72 separate patents, as opposed to the three patents debated over last year.

Unlike last year's claims, which focused only on the Samsung Galaxy Tab 10.1, this year's focus on 10 separate devices, some of which are yet to launch in Australia. On grounds that the firm only received short notice of the lawsuit, Samsung states that it will not be able to file a defence until mid-May, meanwhile Australian judge Justice Bennett stated that she is eager to settle both matters before the end of the year, in order to keep pace with other wordwide cases.

It looks as though Apple, Motorola and Samsung lawyers all have their work cut-out for them over 2012.

Informative links:

http://fosspatents.blogspot.com/2012/02/motorola-wins-german-injunction-against.html

http://fosspatents.blogspot.com/2012/02/apple-removed-products-from-german.html



HEXUS Forums :: 17 Comments

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And the patent trolling continues unabated.
I've no doubt all of these software patents are funding a whole section of law firms, but honestly can we please do away with them? You should be able to copy ideas and implement your own system, you should not be able to copy systems. The best implementations with reap the best rewards, simple as that.

As aidanjt says, it's nothing but trolling, trolling that's made entirely to hold back competitors and so, hold back progress.

I've got to wonder though (as I always seem to with this type of thing that seems so blatantly flawed), am I missing something? Who gains from such enforceable restrictions?
Raz316
Who gains from such enforceable restrictions?
Companies with the most lawyers employed and the most engineers wasting their time explaining technologies to them. And the politicians they bribe to push through more draconian IP laws.
*punches air*

YES

As much as I hate all this patent BS, Apple started throwing it's weight around and the others have been dragged into it by force.

Perhaps a few more major loses for Apple and they may start playing nice like everyone else was doing before Apple decided they should be the only people allowed to make smart phones and tablet pcs!
shaithis
*punches air*

YES

As much as I hate all this patent BS, Apple started throwing it's weight around and the others have been dragged into it by force.

Perhaps a few more major loses for Apple and they may start playing nice like everyone else was doing before Apple decided they should be the only people allowed to make smart phones and tablet pcs!

I can't agree with you more. I work in the industry and all this patent litigation is throttling it. I find Apple and Apple-fan-boy stance totally amazing. It's as if only Apple invent mobile device tech, even though they only started making phones 20 years after GSM hit the scene. OK, they have a long history of mobile devices, but complaining when they get his with patent litigation themselves is just hypocritical!

It's about time they stopped patenting everything and anything remotely relevant, and started considering that they are in a large industry that they shouldn't want to control.

Right, I'm off to the patent office with an invention to open portals…. I'm gonna call it a “door handle”.