Motorola Wins Injunction Against Apple Inc. In Germany; Won’t Stop Apple From Selling Its Products

Apple vs Motorola

On Friday last week, Motorola Mobility won an injunction against Apple in Germany. A German court, in a default judgement, barred Apple Inc. from selling any of its mobile products that infringe two Motorola Mobility patents.

Although at first this may seem like a huge blow to Apple, it doesn’t immediately translate into any sort of ban on Apple products in Germany.

Motorola Mobility filed two separate cases against Apple, one against the global parent company Apple Inc., and the other against its German subsidiary Apple GmbH. Apple’s German subsidiary is fighting the case, while Apple chose to let the case against Apple Inc. slide.

Since Apple products are sold in Germany through Apple GmbH and not Apple Inc., the injunction won’t result in any ban immediately. Apple’s statement in response to the judgement said the same thing:

“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.”

Motorola Mobility had this to say on the default judgement:

“As media and mobility continue to converge, Motorola Mobility’s patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry.”

There is some confusion as to whether the injunction against the parent company has any affect over product sales, if not in the short term, then some time in the future. While The Verge’s Nilay Patel says the victory is nothing more than symbolic, FOSS Patents’ Florian Mueller argues that the injunction could have an affect on Apple’s operations in Germany:

(the court) could even seize Apple’s domain, which belongs to Cupertino but is registered in Germany, if all else failed.


The injunction doesn’t allow Apple Inc. to “deliver” any goods to Germany. That would include shipments to Apple GmbH.

Apple will nonetheless file an appeal to suspend the injunction, which most German lawyers believe Apple would be successful in.

There would be two more hearings in the Motorola-Apple case in Germany, scheduled for November 18 and December 2.

[via FOSS Patents]

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  • Go for it lol! Apple is the shit and its still going. Wait for Skynet in time. We make life easy and clean with a hint of sex. Most apple users are more sex driven. Next time you see an android use look them in the eye and ask them….. have you had sex? Ar you with reality? Apple is a true bliss experience, smoking are weed buying music and apps. We won. We are apple. You can have your crack. Make your nasty ads.

  • bob

    5 * babe!

  • rue

    Google was and is still hot. They need help by far. I like em both but with apple things just work!

  • So does this mean that all apple GmbH has to do is get its apple products from someware other than apple inc. like apple France and get its domain name from apple inc.?

    • Yeah, there exist workarounds, but the situation won’t go to that level since Apple Inc. is expected to file an appeal to suspend the injunction within weeks.

  • Gizmodo


  • Maxtor182

    Google sucks. They are lazy company. They try to profit from other peoples ideas. And the Google maps app has not improved in years.

    • Maxtor182

      P. S. Siri wrote that comment

  • Gizmodo

    Listen guys , From what iv seen and researched in the years going for apple it’s track record of security, keeping things secret, staying on top of the leader boreds are not looking very well, I’m not sure what it will be like in 2012 for them only hopeing good will come from them, ye ye bla bla they make look like they are doing fine till …………. “another fail from apple inc written in history again to add to there bad track record”

  • fas

    If all these companies could put my efforts into product development and customer satisfaction, the world would be a better place.

  • Apel

    I bet Germans were pissed at the judge, Like WTF!?!?! you trying to make us buy shitty androids, stop this shit