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Motorola Wins Injunction Against Apple's iCloud in Germany

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.

Head on over to FOSS patents for the full story on both issues.

Follow @JaneMcEntegart on Twitter for the latest news.

  • panzersli
    Karma is a bitch.
    Reply
  • DjEaZy
    ... what a FOSS?
    Reply
  • Scanlia
    WIN
    Reply
  • RogueKitsune
    While I hate all this patent trolling/litigation crud that is going on around the world, it is nice to see one of the biggest Patent trolls to be on the receiving end every once in a while
    Reply
  • can I sue apple for not giving me the right instruction to hold my iphone right before I make my decision getting that stupid daming phone and tire-bone with ATnT for a 2 years hell expensive contract?
    Reply
  • vikeor
    your news is really old sometimes...

    And just like that, the BBC is reporting that Apple's exhortations have been heard, and the ban has been lifted. Details are few, but Cupertino had this to say about this latest turn of events:

    "All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly."
    Reply
  • egidem
    I guess Apple got a taste of its own medicine. It would be funny if they were to actually go ahead and appeal but end up losing in the end.

    Apple needs to get into their heads that when threatened by competition, make better products by innovating; but instead they resort to suing the competition for having a device that might look like theirs. Seriously?? The label SAMSUNG is clearly on the front of the device, how much more similar could they be?
    Reply
  • watcha
    egidemI guess Apple got a taste of its own medicine. It would be funny if they were to actually go ahead and appeal but end up losing in the end.Apple needs to get into their heads that when threatened by competition, make better products by innovating; but instead they resort to suing the competition for having a device that might look like theirs. Seriously?? The label SAMSUNG is clearly on the front of the device, how much more similar could they be?
    If you rip off a device, does adding your name to it make it OK
    Reply
  • watcha
    http://i.imgur.com/s2lvH.jpg
    Reply
  • molo9000
    It's not an injunction against iCloud (which encompasses several features), but against iCloud's push email service. Big difference.

    No idea why such a thing is patentable. Software patents need to go.
    Reply