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Apple wins overturn on German ban against iPhones, iPads

updated 12:20 pm EST, Mon February 27, 2012

Motorola asked to accept revised licensing terms

Apple has won a ruling in a German appeals court, undoing a temporary ban secured by Motorola on some iPhone and iPad models in the country, according to Bloomberg. The court says that Motorola must accept a recently-revised licensing offer from Apple. "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," a court statement reads.

At the heart of the matter is a "standard essential" patent, defined as a patent that companies are required to license to competitors since they can't produce their products without it. Apple first made a petition to the appeals court in January, but at the time the institution ruled that the licensing terms Apple was offering weren't sufficient. The decision backed up opinions expressed in a December ruling, made in a lower court in Mannheim, which resulted in the initial ban.

While Apple has yet to actually win the appeal, today's ruling is seen as improving its odds. Apple has also filed a complaint with the European Union accusing Motorola of failing to license standard patents on fair terms.



By Electronista Staff
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  1. prl99

    Dedicated MacNNer

    Joined: Mar 2009

    +4

    what's the offer??

    How much is Apple saying they should have, or are willing, to pay? We know Apple has to pay something but nowhere near the amount Motorola says they should. Don't leave us hanging....

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +2

    Google loses

    That's what is really going on here. Moto is not in Google's league, and as far as evil goes, only Iran, Syria, and N. Korea are.

  1. SockRolid

    Forum Regular

    Joined: Jan 2010

    +3

    $12.5 billion "protection" money

    The extortion attempt against Apple was only a secondary reason for Google's acquisition of Motorola Mobility. The real reason was that Motorola Mobility threatened to sue Google for patent infringement.

    A few days before the acquisition was announced, Motorola Mobility made threatening noises about suing Google. Google was already under legal attack from other companies, including Oracle. So Google mashed up the deal in a blind panic just to shut them up. Without due diligence. Without thinking the deal all the way through. The attempt to misuse FRAND-encumbered patents was an afterthought. Like so many of Google's products.

  1. charlituna

    Fresh-Faced Recruit

    Joined: Sep 2009

    +1

    confused

    Wasn't this the same patents that Apple claimed Qualcomm had already paid for. So Apple would be offering nothing.

    Then again I suppose it is possible that Qualcomm paid only a flat fee and Motorola's standard licensing could be that same fee plus some small amount per unit sold and the latter is what Apple is offering to pay. But likely at a dollar amount not a percent since the previously mentioned 2.5% is quite a different amount when the base is $600 versus $100 and the rules of FRAND say the amount must be the same from all parties or it isn't fair or non discriminatory.

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