Now Motorola Cannot Enforce Patents Against Apple

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Motorola Mobility suffered a big setback in Germany on Monday, 27 February 2012, when the Karlsruhe Higher Regional Court ruled that the company could not attempt to enforce its standards-essential patent injunction against Apple during the appeal process.

After created so many problems for Apple, now Motorola is left with an egg on its face.

This ruling essentially shuts down Motorola’s legal fight for what could be at least a year while Apple’s appeal goes before the court.

Florian Muller of Foss Patents said:

“While today’s decision is only a summary and preliminary decision that [Motorola] could overturn during the course of the full-blown appellate proceedings, this indicates that Apple’s appeal is highly likely to succeed — and even if it didn’t, Apple could realistically resolve the problem with limited additional concessions.”

Motorola had won an injunction recently, that forced Apple to stop selling the iPhone 3 and 4, along with the iPad 2 with 3G online in Germany. However, that injunction was temporarily suspended only hours after Apple stopped sales in the country.

This new ruling ensures that the injunction cannot resume until the appeals process has been completed.

This new ruling is bad news for Google as well as Motorola Mobility because Google is in the process of buying the company for its patent portfolio. Based on the Karlsruhe Higher Regional Court’s ruling, the potential value of Motorola’s patents may be diminished in the eyes of investors. This may help support the European Union’s antitrust investigation into how Motorola licenses patents.

Motorola also has another injunction in place that went into effect last week. Due to this injunction, Apple had to shut down its Push email service that alerted iCloud and MobileMe users to new messages without having to first launch the Mail app. That injunction is in effect only in Germany. Thus, Push email services are still available to iPhone and iPad users in other countries.

Source: The Mac Observer

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