Paris
London
New York
Friday, 18 May, 2012
Last Update 14:45
18:09    |    04/02/2012

Apple overturns Motorola's iPad and iPhone sales bans

Apple has been granted a temporary suspension of a sales ban imposed on some of its products in Germany. Motorola Mobility had forced Apple to remove several iPad and iPhone models from its online store earlier today after enforcing a patent infringement court ruling delivered in December, BBC News informs.

An appeals court lifted the ban after Apple made a new licence payment offer.

However, Germany-based users may still face the loss of their push email iCloud service after a separate ruling.

Patent consultant Florian Mueller, who attended the review, said that the suspension 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 on his blog.

"A suspension like this is available only against a bond, but Apple is almost drowning in cash and obviously won't have had a problem with obtaining and posting a bond."

He said that the bond amount was likely to have been about 120m euros ($158m, £100m).

A statement from Apple said: "All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly.

"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."

However, Motorola signalled that it would try to restore the ban.

"We are pleased that the Mannheim court has recognized the importance of our intellectual property and granted an enforceable injunction in Germany against Apple Sales International," a statement said.

"Although the enforcement of the injunction has been temporarily suspended, Motorola Mobility will continue to pursue its claims against Apple."

The sales ban relates to Motorola's patent for a "method for performing a countdown function during a mobile-originated transfer for a packet radio system".

Motorola licenses the patent to other companies on Frand (fair, reasonable and non-discriminatory) terms.

Frand-type patents involve technologies that are deemed to be part of an industry standard. In this case Motorola's innovation is deemed crucial to the GPRS data transmission standard used by GSM cellular networks across the world.

 

 
BNR EUR/RON = 4.4435  USD/RON = 3.4950
GOLD = 173.9255 RON
 
 
 
 
 
 
ipv6 ready