Motorola Ban on Apple Sales in Germany Overturned by Appeals Court
Published on: 3rd Feb 2012
Note -- this news article is more than a year old.
Apple has secured a temporary suspension of a sales ban that had been imposed earlier in the day after a German court upheld a patent complaint by Motorola Mobility.
Motorola Mobility had secured an enforcement order on Apple forcing it to remove its iPhone and iPad devices from sale in the country.
Another court lifted the sales ban after Apple made a new offer to pay licenses to Motorola Mobility.
However, a ban on the remote iCloud service looks likely to remain in force until the two sides can settle their dispute.
Patent commentator, Florian Mueller said that the suspension of the infringement order may only last a few days or weeks - but that Apple's revised proposal had been enough to allow it to restart sales.
"The Karlsruhe higher regional court believes that Apple's new offer needs to be evaluated before this injunction can enter into force again," he wrote.
A statement from Apple said: "Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago."
Motorola Mobility does indeed license the patent -- which relates to a "method for performing a countdown function during a mobile-originated transfer for a packet radio system" under on FRAND (fair, reasonable and non-discriminatory) terms, but has been in dispute with Apple over the terms of the license.
Apple reportedly had offered to settle the dispute, but was insisting the license fees be backdated at FRAND rates, whereas Motorola was seeking those lower rates only for future payments and wanted damages for prior infringements.
On the web: Florian Mueller