Apple scores legal victory over Motorola in Germany
Karlsruhe, Germany - Apple scored a court victory over US rival Motorola on Monday in Germany, averting the risk of having to cease German sales of its iPhone and iPad products over an alleged patent violation.
On appeal, the superior state court in Karlsruhe completely lifted an injunction against Apple which Motorola Mobility had obtained earlier from a court in the city of Mannheim.
Apple had to cease some of its German sales of some models for one day earlier this month, before the injunction was provisionally lifted. The Mannheim court had ruled in December that Apple had violated a patent for GPRS wireless communications.
The superior state court quashed the injunction until the full case has been heard, a process that could take many months.
Apple has argued that Motorola must let it use the technology on fair, reasonable, and non-discriminatory (FRAND) terms.
The patent covers central features of GPRS. There are special rules which require companies to license basic technologies to their commercial rivals where the patents are essential to implementing the standards.
The superior court said that Apple had made an improved contract offer to Motorola Mobility after a first appeal to a lower court.
Florian Mueller, a German patents expert who has closely followed the patent wars in the mobile phone industry, said the ruling would strengthen Apple's hand in other German cases.
"Its importance can hardly be overstated," he said of the court's decision.
"It even begs the question of whether Google's strategy for its 12.5-billion-dollar purchase of Motorola Mobility has failed before the deal is even formally closed," he commented, referring to US giant Google's takeover of the mobile-phone manufacturer.
Apple has contended that Motorola would commit an antitrust violation if it continued to refuse to license the patents.//DPA
