Motorola Deemed “Likely” To Win Injunction Against Apple’s iCloud


Apple and Motorola Logos

A German court in Mannheim, Germany seems to be prepared to rule in favor of Motorola in a patent lawsuit.

FOSS Patents reports that Motorola is likely to win an injunction against Apple’s iCloud service.

Last April, Motorola Mobility filed a patent lawsuit related to Apple’s MobileMe service against Apple Sales International, an Irish company that is the supplier of Apple products. When iCloud was introduced as its successor, Motorola argued that iCloud was a continuation of MobileMe and the lawsuit was updated accordingly.

The patent that is allegedly infringed is European Patent 0847654 (B1), which is entitled “Multiple Pager Status Synchronization System and Method.” Its equivalent in the US is Patent No. 5,754,119. Here’s a breakdown of what this entails:

“The issue for Apple here is that it would probably (if not almost certainly) be accused of infringing the patent-in-suit with any products containing the iCloud client software,” Mueller wrote. “While the patents covers a synchronization technology that requires a server, and Apple Sales International does not operate the servers (maybe Apple Inc. does, or otherwise some subsidiary other than the Irish distribution organization), all Apple devices containing the client software could be deemed to infringe the patent-in-suit contributorily.”

FOSS Patents reports that Apple experienced a dreadful hearing on the case on Friday as the court didn’t buy any of Apple’s defenses. Foss Patents is of the opinion that Apple if the ruling had been delivered on Friday, it would have been against Apple. The ruling is scheduled for Feb 3rd, 2012, however, so Apple has some time to work on its case.

In contrast to Motorola’s previous injunction, this one can cause some damage. Apple’s requested bail amount is 2 billion Euros, or $2.7 billion. Bail amounts in cases like these are designed as a safety net for defendants, in case the injunction is set and later overturned. The court had its reservations about whether such a large amount was realistic, but Apple’s lawyers argued that damages on that scale were possible due to iCloud’s integration into Mac OS X Lion and its computers as well as iOS.

For more information, check out the in-depth analysis linked below.

[via FOSS Patents]

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