Apple loses preliminary injunction against Motorola in Germany; iPhone, iPad ban likely

After its defeat to Samsung in Australia, it looks like the going will get only tougher for Cupertino-based company, Apple. A post on Foss Patents by Florian Mueller confirms that Apple has lost to Motorola Mobility Inc. in Germany, where the latter had filed a prelimnary injunction against them for having allegedly infringed on their patents, pertaining to cellular communications. In its verdict, the Mannheim Regional Court, Germany stated that Motorola winning this preliminary injunction would have dire implications on Apple’s future in the country. Simply put, the court directed Apple Sales International, Cork, Ireland-based, European sales subsidiary of Apple to avoid the sale of all Apple products, i.e. iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPad 3G and iPad2 3G, et al in Germany that infringe on Motorola’s patents.

Gains an upper hand

Apple now, reportedly plans to appeal to the court ruling, at the earliest. The post further states that, “Apple could modify its products by removing the patented feature so as to steer clear of further infringement. It remains to be seen whether this is a commercially viable option for Apple. This feature could be somewhat fundamental to wireless data transfers in general.” Meanwhile, Motorola Mobility will have to cough up 100 million euros, roughly $135 million as bond to put the injunction to practice.

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