updated 04:30 am EST, Mon November 7, 2011
Apple could win temporary Moto injunction
A number of German lawyers contacted by FOSS Patent's Florian Mueller have suggested that Apple may get a temporary suspension of the German Motorola injunction. According to Mueller, although there are no guarantees, Apple is likely to achieve a suspension of the injunction that will give it the opportunity to properly put forward its defense. Although not confirmed, Apple's German lawyers may have a strategic decision that allowed the default judgment to occur.
It has been argued that if Apple had tried to initiate a defense on initiation of Motorola's case that it may not have used aspects of its evidence in any subsequent appeal, thus potentially weakening its overall position. Although it initially appeared that Apple might have been forced to stop selling certain products in Germany, the company was quick to respond with an official statement on the matter.
"This is a procedural issue, and has nothing to do with the merits of the case," Apple said in a statement. "It does not affect our ability to sell products or do business in Germany at this time."
The default judgment does, however, come at a cost to Apple. The company will have to absorb all the court costs of the default judgment and if successful in winning a temporary injunction, it will be forced to foot bail costs.
Apple and Motorola are engaged in several court cases around the globe. Apple is also fighting battles with a number of other Android phone makers including HTC and Samsung. The initial loss against Motorola in Germany is a rare defeat. Up until the German Motorola ruling, Apple had won several key skirmishes against its competitors.