Motorola wins lawsuit; momentarily gets 3G Apple devices pulled from virtual shelves in Germany

Motorola 560x376 Motorola wins lawsuit; momentarily gets 3G Apple devices pulled from virtual shelves in Germany

So the story goes like this, Motorola and Apple—as well as pretty much everybody else in the mobile realm—have been duking it out in European courts for a while now, winner-take-all-the-shelf-space. Most recently, today that is, Motorola won a permanent injunction against Apple for patent infringement regarding Apple’s iCloud service. Most likely, when all is said and done, this will mean that either a: Apple pays Motorola a licensing fee or b: Apple’s iCloud devices lose their push email notifications.

While permanent, not preliminary—as we so often hear about—this injunction requires Motorola to put up a 100 million Euro bond in order to have it enforced right away. All of those 100 million Euros and then some will be lost if Apple wins its inevitable appeal. Yes, apparently you can appeal a “permanent” injunction. So far, no word has reached our ears about Motorola wanting to risk that wad of dough.

Meanwhile, through a strange stroke of timing, Apple today was separetely forced to stop selling the iPhone 3G, 3GS, 4, and the 3G iPad from its German online store thanks to another decision in Motorola’s favor back in December regarding a “method for performing a countdown function during a mobile-originated transfer for a packet radio system.”

In simple terms: a patent having to do with 3G/UMTS technology. The idea here is that Apple recently lost the appeal for this patent lawsuit, meaning it had to remove its products, but only from its German online shelves. The lawsuit doesn’t include the rest of the EU or Germany’s physical stores. Two completely separate litigations, but with strangely timed results.

Moving quickly here—confused yet?—reports are coming in from the BBC that Apple’s continued lobbying over the December 3G/UMTS lawsuit appeal in Motorola’s favor has already produced fruit. Specifically, expect to see little Apples showing back up on the German virtual shelves any minute now. Current score: Motorola 1.5, Apple 0.5. Stay tuned for the rest of the game after the half….

[FOSS Patents | 2 via Droid Life ]

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