Motorola Mobility wins injunction against Apple in Germany

Written on:December 9, 2011
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On Friday morning, FOSS Patents reports that the Mannheim Regional Court in Germany ruled in favor of Motorola Mobility in one of the patent infringement cases brought by the company against Apple. It’s a significant ruling that definitely represents a major victory for the company Google is in the process of buying.

The ruling includes an injunction that is “preliminarily enforceable” against Apple Sales International, Apple’s Ireland-based EU wholesale subsidiary. The injunction covers a wide range of products, including all iPhones as well as 3G-enabled iPads, since it deals with European patent 1010336 (B1), which describes a “method for performing countdown function during a mobile-originated transfer for a packet radio system.”

It’s a significant ruling because although Motorola previously secured a similar injunction against Apple in Germany, that one was based on a default judgement, meaning that Apple never presented a defense in the case. For Friday’s ruling, the court ruled after both sides had opportunity to present their full arguments.

Apple will no doubt appeal this ruling to the Karlsruhe Higher Regional Court, seeking a stay of the injunction. If it fails in that effort, the Mannheim Regional Court has attached a €100 million ($ 134 million) bond (much lower than the $ 2.7 billion Apple was seeking) to the decision, which Motorola would be liable to pay in the event the injunction against Apple is enforced and a later appeal overturns the injunction awarded Friday.

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