Apple Wins Against Motorola in Germany, but iCloud Banned
MANNHEIM, Germany – Apple has reversed the suspension placed on its 3G iPhone and iPad following Motorola’s case, but suffered a loss with the banning of the iCloud in Germany.
A number of recent rulings by judges have given Apple some positive results but it has also lost cases against its rival manufacturer Motorola and has come under criticism from one of the judges presiding over some of its cases.
The positive ruling for Apple involved the suspension of Motorola’s injunction in place in Germany against iOS devices that are 3G-enabled, which included iPhone 4, iPad 3G + WiFi as well as various other gadgets. This injunction prevented Apple from selling any of these devices in Germany but it has now returned them to its German online sites.
A win by Motorola in Germany, however, was a big negative for Apple as the claim that its iCloud service infringed on patents held by Motorola led to a permanent injunction on the use of the service in Germany, although it will cost Motorola a 100 million Euros to enforce the ban.
One of the key concerns raised by one judge, Circuit Judge Posner, was that there were too many patent claims being made by Apple against Motorola. The use of FRAND or “fair, reasonable and non-discriminatory” has been one of the main terms that have been upholding many of the claims that are left unresolved.
It may be a while before all these claims are resolved but each win by Apple or Motorola is likely to have a serious impact on its rival’s sales.