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Apple gets setback in patent war
Saturday December 10, 2011 05:06:47 PM,
IANS
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San Francisco: Apple
Friday suffered a setback in its global patent war, as a German
court ruled over its copyright infringement battle in favour of
Motorola Mobility.
The German court ruled that Apple's iPhone and iPad infringe a
Motorola patent and issued an injunction banning the import of
iPhones and 3G-capable iPads into Germany, reported Xinhua.
The dispute, one of Apple's several patent lawsuits around the
world, is over a Motorola patent essential to GPRS. Motorola has
been negotiating with Apple over licensing terms and conditions
since 2007, and it will continue its efforts to resolve its global
patent dispute as soon as practicable, said Motorola Mobility in a
statement Friday.
"We're going to appeal the court's ruling right away. Holiday
shoppers in Germany should have no problem finding the iPad or
iPhone they want," an Apple spokesman told tech news site
AllThingsD.
The ruling is against Apple's European sales company and only
impacts its products sold in Germany. The German court also ruled
that Motorola is entitled to a damages award.
Apple can appeal the ruling to a higher court and request a stay
of the injunction, according to a blog post of Florian Mueller, a
US patent expert who has been closely following patent lawsuits in
the mobile industry.
In August, Apple also filed a suit in Germany over the design of
Motorola's tablet Xoom, which runs Google's Android system. But
Apple did not make it clear whether it will seek to block the
sales of Xoom in Europe.
Also Friday, Samsung won an appeal from the Australian High Court
overturning a previous Apple victory that effectively banned
Samsung from selling its Galaxy Tab in Australia.
Based on claims of infringing Apple's patents, the Cupertino,
California-based tech giant has been seeking court order to block
Samsung's Galaxy line of mobile devices around the world.
A German court issued an injunction in August, blocking Samsung
from selling its Galaxy Tab 10.1 tablets across all European Union
members, except for the Netherlands.
On Thursday, Apple said it will appeal a San Jose, California
judge's refusal to ban sales of Samsung 4G smartphones and Galaxy
Tab 10.1 tablets in the US.
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