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Motorola lawsuit forces Apple to drop push e-mail in Germany

updated 05:35 am EST, Fri February 24, 2012

Apple forced to drop push e-mail service

Apple has failed in its legal bid to stop Motorola from forcing an injunction against its implementation of push email in Germany. Consequently, Apple has pulled the function from its iCloud and MobileMe services. The Cupertino-based company has posted a support statement on the matter, which now leaves German iOS users having to force e-mail updates by opening their mail application or setting their e-mail client to check periodically for new e-mail.

Motorola recently won two significant rulings at the Mannheim Regional Court. Although Apple says it 'believes Motorola's patent is invalid and is appealing the decision,' it has also previously stated that it has tried to offer Motorola what it believes was a fair and reasonable licensing fee for the technology. Although the technology in question here is not considered essential to a standard, Apple argues that Motorola has been abusing its FRAND obligations and in separate action has asked the EU to investigate Motorola for FRAND patent abuse.

In forcing its injunction against Apple's implementation of push e-mail, Motorola has footed a 100 million euro bond, which the court will award to Apple if it subsequently wins its appeal against the injunction. However, according to Florian Mueller of FOSS Patents, although Apple's claim that Motorola's push e-mail patent used to enforce the ban is invalid, it may have a difficult time convincing the German court otherwise. They generally enforce patent claims when they find that there has been an infringement of a patent, and rarely question whether a patent the non-obviousness of a granted patent.

Although this marks the first time that Apple has been forced to hobble one of its iOS functions in the ongoing patent war between it and various Android OEM's around the globe, many users may not be greatly inconvenienced by the loss of the service. Business users who rely on corporate Exchange servers will continue to receive push e-mail, while many users already choose to disable the function voluntarily in order to conserve battery life.



By Electronista Staff
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Comments

  1. wrenchy

    Forum Regular

    Joined: Nov 2009

    -5

    comment title

    >>>many users may not be greatly inconvenienced by the loss of the service.,
    >>> Business users who rely on corporate Exchange servers will continue to receive push e-mail,
    >>> while many users already choose to disable the function voluntarily in order to conserve battery life.

    Where do you clowns learn how to write?
    Apple just got punched in face...
    Electronista: "Oh, it's not that bad." You iDiots have to come back with some silver lining to pretend Apple wasn't "hurt badly".

    Well guess what, this IS a huge inconvenience for those who need push email notification. Want to play the patent game Apple? Then prepare to dance.

    Suck it Apple.

    Drrrroid!

  1. wrenchy

    Forum Regular

    Joined: Nov 2009

    -5

    Weasel comments

    >>>many users may not be greatly inconvenienced by the loss of the service.,
    >>> Business users who rely on corporate Exchange servers will continue to receive push e-mail,
    >>> while many users already choose to disable the function voluntarily in order to conserve battery life.

    Where do you clowns learn how to write?
    Apple just got punched in face...
    Electronista: "Oh, it's not that bad." You iDiots have to come back with some silver lining to pretend Apple wasn't "hurt badly".

    Well guess what, this IS a huge inconvenience for those who need push email notification. Want to play the patent game Apple? Then prepare to dance.

    Suck it Apple.

    Drrrroid!

  1. coffeetime

    Mac Enthusiast

    Joined: Nov 2006

    -1

    Motorola sucks

    Motorola is no different from Samsung. Really, not any different. At least Samsung puts some effort on their products and Motorola is barely producing anything except Walkman... I mean Razr and it's darn unnecessary expensive.

  1. facebook_Colin

    Via Facebook

    Joined: Feb 2012

    -1

    They patented IMAP IDLE?

    Is Apple just using RFC 2177, or is there some fancy pushing extension beyond that?

  1. Inkling

    Dedicated MacNNer

    Joined: Jul 2006

    -1

    A Postman as Prior Art

    I'm not familiar with the details, but it does seem that every postal mail service on the planet has been using push mail delivery, with many of them having it for over a century.

    That all too obvious illustration of prior art suggests that the U.S. isn't the only country troubled by a patent office run by idiots.

  1. RoboBobo

    Fresh-Faced Recruit

    Joined: Nov 2011

    +2

    Stop stealing

    Why would a company as large and rich as apple be stealing from Motorola?

    Or is it because software patents make no sense at all?

    I'm being facetious, of course, there shouldn't be any software patents of any kind. All the system is doing is giving monopolies out to engineering solutions - you wouldn't patent that nice plumbing job your plumber did - you shouldn't patent solved engineering problems in software either.

    Don't be confused, I'm not saying you can COPY an OS - nothing I'm saying should be interpreted to mean that anyone could steal iOS or even WIndows for that matter - copyright infringement protects against that. The same with trademarks being an important protection.

    Patents is what I'm talking about - it's just ridiculous to patent obvious ideas - of course, Apple is not only a victim of this system, but one of its worst offenders too.

    This isn't protecting innovation - it's killing it.

  1. facebook_Collin

    Via Facebook

    Joined: Feb 2012

    -1

    What about RIM?

    They have been using push email for years. I would think there is a prior art augment there.

  1. Stuke

    Junior Member

    Joined: Feb 2005

    0

    I'm in Germany

    and this is just stupid. Yippee Motorola, now what are you going to do with this (temporary) victory? Offer me push email through a Motorola mobile device? Really, are you serious? So you own the patent, Apple wants to use it, thinks your license fee (if offered) is too much, and chooses to let the market dictate desire. Their product is loved by the market and they offer the too-expensive-to-license technology because (in Apple's mind your patent is invalid) its a "feature" or "nice-to-have" but not a must-to-operate. Now you win an injunction, get your name in the news, and quite honestly turn the consumers against you. Why not admit your technology nugget is just that, a nugget, worth a certain amount determined by the market and the market implementors, not your legal/technology team or board. As an American living in Germany using iOS iPhone services, I could care less when my email is pushed, pulled, or otherwise made available to me...so long as it is there when I want to check or read it. Therefore, thanks for making me open the Mail application to read new mail, rather than having the Mail application buzz at me that it's time to read the mail.

    P.S. The postman prior art analogy is terrific!

  1. Arne_Saknussemm

    Forum Regular

    Joined: Apr 2011

    -6

    @RoboBobo

    "Why would a company as large and rich as apple be stealing from Motorola?"

    Simple greed.

    Same reason most manufacturing is done in China

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