Motorola Granted Enforceable Injunction Against Apple in Germany
The German court already granted a formal injunction to Motorola against Apple on November 5 but on Friday, December 9, the Mannheim Regional Court ruled that Apple Sales International — the Irish Apple subsidiary — infringed on a patent held by Motorola. According to Florian Mueller, “the ruling targets Apple’s European sales organization but relates only to that entity’s sale to German customers”.
The patent in question refers to the “method for performing a countdown function during a mobile-originated transfer for a packet radio system” and the ruling relates to all Apple products that implement it, including the iPhone, iPhone 3G, iPhone 3GS, and iPhone 4. The iPhone 4S uses the same technology but was released at a later date to be included in the suit.
Aside from the injunction against Apple, the Court also ruled in favor of Motorola for damages; the amount will be determined at a later date, after Cupertino “provides to Motorola certain information on the sale of infringing products in Germany in the past”. Of course, Apple can appeal the ruling, remove the patented feature from the products (if this is a commercially viable solution) or even try license the usage of the patent itself.
Source: FOSS Patents