Motorola Wins Injunction Against Apple's iCloud in Germany
Motorola has been awarded an injunction against Apple's iCloud on the same day that Apple announced it would be temporarily pulling several models of iPhones and iPads from its German online store.
Over the last year, we've grown used to hearing about Apple's patent disputes around the world. We've even seen Samsung forced to pull its products thanks to an Apple injunction. However, today brings a different kind of news regarding Apple's many ongoing patent litigation disputes: Motorola was this week awarded a permanent injunction against Apple's iCloud in German courts.
According to FOSS Patents, Judge Andreas Voss today issued a permanent injunction against the cloud-based service and any devices that use it in response to a claim Motorola filed in April of 2011. The injunction is permanent, but it's worth noting that it is only "preliminarily enforceable," which means Apple can appeal if it wants to (and, let's face it, it probably will).
FOSS reports that if Motorola wishes to enforce the injunction now, it will be liable for damages incurred as a result of premature enforcement of an improperly-granted injunction. For this reason, the company must post a €100 million bond if it wants to enforce the injunction now, before Apple appeals. This figure is in no way indicative of the damages Motorola might have to pay (those would be determined at a later stage if the injunction is overturned following an appeal). Instead, FOSS Patents describes it as "just the amount the court believes Motorola should guarantee" in the event that Apple takes this decision to the Karlsruhe Higher Regional Court and is victorious.
In other news, Apple on Friday pulled the iPhone 3G, iPhone 3GS, iPhone 4 and all 3G/UMTS-capable iPads from its German website after an unsuccessful appeal against a December ruling in Motorola's favor. It's thought to be a coincidence that Apple's pulling of the products in Germany comes at the same time as another injunction in Motorola's favor. Additionally, FOSS Patents reports that this move is only temporary, as Apple has since won a temporary suspension of the enforcement of the injunction in question and plans to put those products back online as soon as possible.