Motorola Mobility Loses Against Apple in Germany

Its a Second big victory of Apple in its never-ending legal battle against Motorola Mobility. Motorola Mobility, which forced Apple to remove some iPad and iPhone models from its German online store for a short period, can’t enforce the verdict during an appeal. The ruling was issued after the iPad maker revised license-agreement terms it offered Motorola Mobility, the court said in an e-mailed statement today.

“At the current state of the proceedings, it is to be assumed that Motorola Mobility would violate its duties under antitrust rules if it continues to ask Apple to stop the sales,” the court said in a statement.
According to FOSS Patents, this ruling should cause Google to reconsider its purchase of the troubled hardware maker:

With today’s ruling, Googlorola’s strategy has failed even before the companies have formally merged. This is such a major blow to Google’s patent strategy that, from a mere shareholder value point of view, it should now give serious consideration to the possibility of coughing up the $2.5 billion break-up fee agreed upon with MMI’s board of directors and walk out on this deal.

For those who might have missed the news or who might have forgotten, back in December, Motorola scored a victory against Apple when they managed to land a preliminary injunction against Apple’s 3G products, like the iPhone and 3G iPads. This resulted in Apple pulling the affected devices off their shelves, but barely a week later, they were back on sale as Apple had argued that Motorola Mobility had refused to license the essential patent on fair terms.
Both Apple and Motorola Mobility have yet to comment on this recent ruling.

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  • Dave

    Actually my understanding is that the only reason Motorola was asking for the injunction was because of the terrible license agreement that Apple offered Motorola for stealing its FRAND patents … Apple has capitulated and agreed to pay Motorola a reasonable license fee, so now the courts are saying that Motorola should accept this offer as being reasonable under the circumstances … meaning Apple pays Motorola an extra $Billion or so for the license.

    How this gets spun as a victory for Apple is beyond me.

    Apple steals patents; Apple gets caught and doesn’t want to pay for the licenses they stole plus fine; Apple gets taken to court; Apple finally agrees to pay for the patents plus fine; Court say ‘ok Motorola, you got what you asked for so no more injunction”; “Apple wins”??? 

    If I sued someone and they were forced to give me what I asked for I wouldn’t consider it a win for the person I sued … would anyone?