Patent Infringement Books

Monday, November 7, 2011

Motorola Wins Lawsuit Against Apple

By: The Chosunilbo
Source: http://english.chosun.com



A German court on Friday sided with mobile phone maker Motorola in a patent infringement suit and motion to ban the sale of Apple's iPhones and iPads.

But Apple expects the ruling will not have an immediate impact on the sales of the gadgets in the European country. "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," the company said in a statement. The ruling apparently only concerns parent company Apple Inc., as opposed to Apple Germany, which actually sells the company's products in the country.

Germany's Post Patents, which specializes in patents news, reported Saturday that a court in Mannheim ruled in favor of Motorola, which accused Apple of infringing two of its communications technologies. The court ruled Apple headquarters must halt sales in Germany and compensate Motorola for patent infringements committed since 2003. Motorola pledged to protect its assets and said the ruling confirms the widespread use of its technologies in mobile communications.

Samsung, which is engaged in worldwide court battles with Apple, expects the latest German ruling to work in its favor. Samsung is using patented communications technologies as its key weapon against Apple but has so far lost several cases for copying Apple's designs.

The U.S. company is fighting back using the so-called "fair, reasonable, and non-discriminatory" (FRAND) standard that stipulates that if a particular patent is essential to manufacturing a device, a manufacturer without rights to the patent can use the technology and pay reasonable royalties.

Apple reasons that it cannot manufacture its smartphones without using Samsung's patented technologies and therefore the Korean company cannot seek a motion to ban their sale.

Motorola won its legal battle against Apple by using communications patents. Samsung too has filed a suit against Apple in Mannheim claiming the U.S. company infringed upon its communications patents. A Samsung spokesman said the FRAND defense will not work against his firm.

Source: http://english.chosun.com/site/data/html_dir/2011/11/07/2011110701093.html

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