Motorola wins iCloud injunction; iPhone, iPad temporarily pulled from online store

Motorola wins iCloud injunction; iPhone, iPad temporarily pulled from online store

Summary: Apple has lost out on two counts. Not only has it suffered a blow to its iCloud service in Germany, the company has also pulled most models of its iPhone and iPad from its online stores

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Update: see below.

Another patent headache this morning closed, as Motorola wins a permanent injunction against Apple's iCloud service in Germany.

Motorola Mobility, which is currently undergoing an acquisition bid by Google for $12.5 billion, took Apple's European sales branch, based in Ireland, to court in April 2011.

The issue focuses on the email-push service that iCloud provides, which as a result of today's ruling now infringes Motorola's patents. The patent allows for the "multiple pager status synchronization system and method". But this only targets to Apple's Ireland-based center, which in turn only applies to the German market. The injunction is not Europe-wide.

While iCloud has not been pulled, the service is thought to be undergoing a modification to remove such functionality. While this does not render iCloud's email service useless, it means users will have to configure their devices for scheduled and periodic updates.

Apple is expected to appeal. However, Motorola must risk a €100 million bond --- and the potential for other huge damages --- if Apple wins a later appeal against the decision. Apple had sought a €2 billion bond last year, but it was denied.

Update: Apple temporarily pulled all of its iPhone smartphones from the German market, with the exception of the latest iPhone 4S, which is still on sale. 3G-enabled iPads were also pulled from the store.

But Apple has won a temporary suspension of the enforcement of the injunction, meaning Apple can continue to sell the patent infringing devices in its online store until a later date.

The ruling comes from a December hearing in which Motorola won an injunction against Apple, on the grounds that its 3G-technology infringes on Motorola's European-held patents.

An Apple spokesperson said: "While iPad and iPhone models are currently unavailable in our [German] online store, our customers will still be able to find these devices in stores or at authorised retailers."

Image source: Apple/ZDNet.

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Topics: Apple, Banking, Cloud, Enterprise Software, iPhone, Mobility, Security

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33 comments
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  • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

    This is exactly the opening that WP 7 needed to explode onto the market. While Goofle and (Cr) Apple fightit out in court, WP 7 can go on a binge snapping up marketshare.
    Stephen-B
    • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

      @Stephen-B

      Dang! You're funny.
      tomogden
    • RE: WP 7 can go on a binge snapping up marketshare.

      @Stephen-B

      I laughed so hard,













      [b]my ass fell off![/b]
      fatman65536
  • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

    For the love of god, stop citing this "patent expert" (Florian) left and right. This is the equivalent of people making investment choices, based on Jim Cramer's recommendation, but you are supposed to be experts, aren't you?
    kirovs@...
  • Florian's opinion

    Is as usually wrong. At least according to the obscure /sarcasm publication called Bussiness Week:
    http://www.businessweek.com/news/2012-02-03/motorola-mobility-wins-second-german-ruling-against-apple.html
    Surprise.
    kirovs@...
    • Article update

      @kirovs@... I've taken this out of the copy until it can be verified. Thanks!
      zwhittaker
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @zwhittaker

        Hey Zack. Update your post. The ban was lifted upon repeal based on FOSS issues.
        kenosha77a
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @kenosha77a Done!
        zwhittaker
  • Confirmation...

    From Germany.<br><br>The Apple Store lists all 3G devices, except the 4S as unavailable.<br><br>The iCloud doesn't have any service disruption, yet...<br><br>Third parties do still seem to be selling them. They are probably allowed to sell remaining stock (the usual case).

    Edit: Currently Apple is not selling the goods online, but they are still available through retailers and through Apple's physical stores.

    Apple is not complying completely with the ruling, because they claim that Motorola have repeatedly refused to license the patents at a reasonable rate. Apple believes that Motorola is legally obliged to offer the patent to all competitors under FRAND (reasonable and non-discriminatory conditions).
    wright_is
    • Little Late

      @wright_is
      Moto has been trying to get Apple to license this tech since the 3G and Apple has steadfastly refused.
      Now they want FRAND? Not likely.
      rhonin
    • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

      Just a quick update, Push E-Mail is still working at the moment, so Apple don't seem to be taking the injunction very seriously.

      Likewise, they received a stay of execution on the 3G injunction on Friday as well and the 3GS, 4 and iPads with 3G are back on sale.
      wright_is
  • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

    I am on that too Zack, PLEASE stop using Florian as a source of anything, do a little more work and/or find somebody else with perspective and unbiased output.
    czorrilla
    • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

      @czorrilla
      In all fairness BBC also is citing Florian. It is amazing how a troll can get such following.
      BTW, don't you find the silence of the Apple fanboys to be deafening /snicker?
      kirovs@...
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @kirovs@... What makes you think Apple Fanbois care about Germany for? After all this is the country that produced Hitler. What do we care if they have an iPhone, they can use that POS called Droid.
        Snooki_smoosh_smoosh
      • Apple obviously cares a lot about Germany

        @snooki:
        Apple is constantly trying to get Samsung banned in Germany. It looks like their efforts have backfired in a major way.
        toddybottom_z
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @Snooki_smoosh_smoosh@...
        Best nick ever, I am jealous. Niceties aside, Apple cares only about mOney. And Germany has bags of it.
        On the fanbois- I have never understood (nor I want to) what they want except they would like the whole world to marvel at their beautiful toy and their greatness by proxy.
        kirovs@...
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @kirovs@...
        lolol .... someone had to say that!
        strangefruit
      • RE: Motorola wins iCloud injunction; iPhone, iPad pulled from online store

        @kirovs@... I'm no Apple fanboy but I am a fan and am not afraid to speak on the topic. It is my understanding, just like with the past Nokia case, Apple has been trying to license the technology at a fair price but just like Nokia Motorola was trying jack it up for Apple. If that is the case it's wrong and Apple had every right to fight it. If that is not the case then Motorola should win. The patent system is broken but we have to work with what we have. If you are in violation you should pay up, doesn't matter what brand.
        non-biased
    • Every Fandroid complains about Florian because he is right ...

      @czorrilla ... most of the time. So far, he has a HELL OF A LOT BETTER RECORD than any other source.

      So, because he is the one that is right most of the time, and most of the time it is Android who is on the wrong side of the losing stick (agree or disagreeing with it), he is turned into evil by the mindless clueless fandroids.

      Like it or not he is the expert .... because he is the only one who has being right almost all the time.
      wackoae
    • Every Fandroid complains about Florian because he is right ...

      @czorrilla ... most of the time. So far, he has a HELL OF A LOT BETTER RECORD than any other source.

      So, because he is the one that is right most of the time, and most of the time it is Android who is on the wrong side of the losing stick (agree or disagreeing with it), he is turned into evil by the mindless clueless fandroids.

      Like it or not he is the expert .... because he is the only one who has being right almost all the time.
      wackoae