Motorola Mobility in Germany is celebrating a win against Apple Inc. whereby the Cupertino, Calif.-based technology giant’s products could be banned from being sold in the country due to possible violation of two Motorola patents.
The development is the latest salvo in the ongoing legal battles in numerous jurisdictions being waged by Apple and several other manufacturers of Google Android-based smartphones.
Germany is the largest market for Motorola. In response to the court’s decision, Jennifer Erickson, a spokesperson for the Illinois-based company, said to Munich-based patent expert Florian Mueller, “We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end users.”
She added, “We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry.”
According to the Mannheim Region Court in Germany, Apple also needs to pay damages to Google Inc., which recently acquired Motorola Mobility, for previous infringements since April 2003. The court is yet to decide exactly what wireless devices will be taken off the market in Germany.
Apple’s Kristin Huguet confirmed that its products could continue to be sold in the European nation. “This is a procedural issue and has nothing to do with the merits of the case. It does not affect our ability to do business or sell products in Germany at this time,” she told CNet.
This court decision will shed some light on other ongoing legal battles involving Apple. Apple has legal action pending against Samsung, HTC, and Motorola, the three dominant manufacturers for Android devices.
Although Apple has won four lawsuits against Samsung, including one case, which limits the South Korean electronics manufacturer from selling its Galaxy computer tablet 10.1 in Germany. There are four preliminary injunctions against Samsung, with two in Germany, one in Netherlands, and one in Australia.
In response to the recent litigation losses, Shin Jong-kyun, chief of mobile business at Samsung Electronics, said “We can’t keep losing. It seems to be only the beginning and it does not look like it’s going to end anytime soon,” in an interview with Hong Kong reporters in October.
However, in a California court recently, Samsung triumphed over Apple, by proving that it did not licence particular patents on terms on unfair grounds and misrepresentation.
It is noteworthy to consider that Apple has two separate operations in Germany, Apple Inc., and Apple Germany. Despite Motorola suing both companies, Apple Inc., which is a far smaller operation, has absorbed the legal blow for now.
“Since Apple Inc. doesn’t actually sell anything in Germany, it’s a totally symbolic victory for Motorola—there aren’t any products to ban,” The Verge’s Nilay Patel writes. “Apple confirmed to us that it'll appeal the decision anyway, and that the Apple Germany case continues to move forward.”
