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Apple wins ruling against Motorola in Germany over 3G patent

10 Feb 2012
Apple iPhone 4S

Apple has secured a victory against Motorola in the German courts, after a judge ruled that the iPhone-maker is not fringing a 3G/UMTS patent.

Judge Andreas Voss of the Mannheim Regional Court declared that Motorola failed to present conclusive evidence that Apple was infringing.

Florian Mueller, patents specialist, said in the Foss Patents blog that

"This is a textbook example of a patent that was declared essential (by Motorola itself, not by any standard-setting organisation) but isn't essential in the court's opinion," he said.

"The judge doesn't rule out that Apple may be able to implement the standard without necessarily having products that contain the 'means' claimed by Motorola." 

Motorola had been asking Apple to pay 2.25 per cent of the net selling price of its 3G/UMTS products as royalty for using the wireless patents. But Apple rejected the demand claiming that Motorola was breaching its FRAND licensing obligations.

The finding will be a boost for Apple, which had some disappointing results in its other patent disputes with Motorola and Samsung across the globe.

Furthermore, Motorola filed a lawsuit against Apple in the US, claiming that the iPhone-maker was infringing on six of its patents in use in both the iPhone 4S and its iCloud service.

Apple also failed in its latest attempt to get a sales injunction against the redesigned Samsung Galaxy Tab 10.1N device in Germany.

 

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Khidr Suleman
About

Khidr Suleman is a reporter at V3.co.uk, a role he has fulfilled since June 2010. He covers business hardware news and reviews, including smartphones, laptops, tablets, projectors and printers, as well as online applications.

Prior to joining V3.co.uk, Khidr worked as a freelance technology journalist. He studied law at the University of Reading and completed a Postgraduate Diploma in Magazine Journalism and Online Writing at PMA Training.

 

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