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Apple just found itself on the receiving-end of some legal hurt. Motorola has successfully sued Apple in Germany, paving the way for a Europe-wise sales ban on basically all iOS devices. Better get those Apple stocking stuffers, like, nowish.
Motorola Mobility has won its first of two patent-infringement cases against Apple, both of which were filed back in April. This grants them an injunction against all of the products which infringe. No big deal, that only includes the iPhone, iPhone 3G, iPhone 3GS, iPhone 4, the original iPad 3G and iPad 2 3G. Oh damn. And if you’re feeling smug because you didn’t see the iPhone 4S in there, that’s only because the lawsuit was filed back in April, but it’s a pretty safe bet that the 4S includes the offending technology, too. Needless to say, this is potentially a major blow to Apple.
The patent in question relates to core cellular technology and is described in the court document as “method for performing a countdown function during a mobile-originated transfer for a packet radio system”. If the ruling is upheld, Apple must either remove this technology from their devices or pay a hefty licensing fee. There is also a question of payment for past infringement.
Motorola Mobility must now decide whether or not they will enforce this ban immediately. Naturally, Apple is going to appeal the case, but the injunction is already enforceable. If Moto opts to do so, they must cough up a £86 million bond, in case the verdict is overturned in appeal. Apple wanted the bond set at £1.7 billion citing the massive losses it would take, but here, too, the judge sided with Moto.
It seems that Apple is suddenly getting a taste of its own medicine after the whole Apple Vs. Samsung thing in Australia (and Europe, and the US). By the time all this shakes out the only tablets left on shelves will be refurbished Etch-a-Sketches. [Foss Patents via 9to5 Mac]
And, of course, this effectively protects every Android phone overall (assuming the Google/Motorola deal doesn’t get blocked in the end, though it likely won’t now), as Google has a deal with handset partners to share its patent pool with them for protection purposes from Apple’s shady attacks.
Not to mention that if Apple insist that a ruling across Europe banning the Galaxy Tab is valid, then it would also have to allow this ruling by precedent.
Apple’s made a pretty messy bed for themselves to lie in, and I don’t really have much sympathy for them for it.
The problem is, nobody is protecting Android from Microsoft whereby vendors like HTC give a portion of sales from each handset sold to Microsoft. Unfortunately, that bed is going to stay messy for a long time, whoever lies in it.
There is a difference between what Microsoft and Apple. Microsoft is skimming a bit of money off the top of android and trying to out COMPETE it.
Apple does not seem to want to compete and actively wants to destroy a product that serves a market they would never dream of touching; those without disposable income.
That is true ethically, but when you think that little bit of skimming of money off the top is earning MS more money than the profits of Windows Mobile, thats a pretty big deal, and will make vendors lose confidence in Android in the long run.
I’m sure that most vendors affected by this must feel like they are being robbed of a pretty penny.
In reference to the Article itself though, this is a massive win for Google, especially in the run up to Christmas!
Probably more confidence in Android, than there is in Microsoft, given their track record with mobile versions of Windows over the last decade or so.
There is a lot more to this side of the patent war, you have to look at the patents Microsoft is suing for. #5,579,517 1996; #5,758,352 1998; #6,621,746 2003; #6,826,762 2004; #6,909,910 2005; #7,644,376 2010; #5,664,133 1997; #6,578,054 2003; and #6,370,566 in 2002. If you notice, the majority of these were patented in the 90′s or early 2000′s, meaning that they will expire in the next couple of years. Because of this it is much easier and cheaper in the long run to wait for most of them to expire and renegotiate the cost, or make the necessary changes to avoid the remaining ones. All of Apples alleged patents were mid-late 2000s.
In all honesty, I think this whole software patent “war” has gotten out of hand. Stop suing each other, and instead, put that money towards creating distinctive, original products that customers want to buy.
Doesn’t an Apple ban also hurt Googles income from searches via Apple devices? 2/3rds of googles mobile searches come from an apple device! Surely the only way forward is for google and Apple to sit down and work this one out! Apple could carry on selling its devices and Android devices are protected from infringement as part of the deal google could reach!
you dont make sense chubster
The Galaxy tab was a blatant copy of design and functionality…
even your grandma with no technical skills would say “Oh just like the iPad swipes” (just less responsive)
and Samsung should have received a slap… and a soft-word in private to be honest… bad Samsung, bad.
The latest Apple vs Motorola patent issues is over something much less visible and blatant, and probably not the best to get a judge to decide on the validity
(unless he/she’s spent some time coding low level drivers…)
“method for performing a countdown function during a mobile-originated transfer for a packet radio system”.
Wow, if patent lawyers cannot be any less specific… thanks guys
If you’ve ever filed a patent you might have read the guidance which informs you that you have to make it non-specific to cover more “opportunities” – (yeah opportunities to make money from anyone you can blame might be copying your invention, even if it’s not Really a copy.. what would we do without lawyers).
Software patents suck. Not because it protects the inventor (which is good), but because it sometimes gives the inventor so much power to accuse other wrong doing.
People shouldn’t blatantly copy other’s designs,
but if they happened to create the same thing in different labs, why sue each other.
Example:
You build a elastic band finger shooter which you think is the best invention ever (keep in mind you might be only 8years old at the time), only to arrive at school to see Jimmy ALSO invented a similar elastic band shooting device.
You see his parent (lawyers) told him not to call it a “shooter” as it’s too specific.
Now Jimmy is calling you a fraud,
and you have to either pay him monthly, to be allowed to continue to show your invention (or maybe make some for your friends)
and instead of there being choice and competition (both quite good for economies),
Jimmy (and his parents) prevent or restricts further progress in the market of elastic or stretch like material projectiles or launchers.
Android is cool. (But *for me* nothing beats the design of my iPhone ) (until the next gadget breaks the mould)
http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music/
You are completely right, the galaxy tab is a blatant ripoff of the ipad design, there is no way they could have designed something similar without first seeing their competitors design…
Your tech inclined grandmother would probably say the same thing about the LG prada, which was released before the iPhone, so what is your point exactly.
My point is, this is how business works, if something becomes really popular, everyone tries to get in that business, the market gets overcrowded with competitors, and the ones that can’t make the cut get out of the business. Apple doesn’t wan’t to have to deal with the competition, so they are trying to stop it while its on top and before the competition comes out ahead and puts them in their place. Look at the car industry, or the wine industry, or even the computer industry, apple used to be on top like they are now, and a quick history lesson will show you what happened.
I have to say, considering the way that every company out there (Apple been pretty compared to most) are abusing patents and stifling creativity at the same time, I have very little sympathy for Apple here.
Still, In reality what is this going to do aside from raise phone prices for the end user?
Urgh, as pretty as Apples products are, I meant Pretty Bad. They do look stunning though!
Now this is massive
In this case as I understand it all Apple have to do is change there code. The argument was that there was no work around and Moto had to licence it.
The judge thought differently!
I seriously hope Apple just gets rid of this patent they’ve used in the next update, or in a slightly newer product, if possible. It does sound like a really boring patent though, a “method for performing a countdown function during a mobile-originated transfer for a packet radio system”. Yawn.
Apparently the patent is “essential” for the way that GPRS data transmission works so there is no work-around. This means that every mobile that uses GPRS should be paying licensing to Motorola.
Patent Workaround = disable GPRS (Way too slow, and we used it in 1990′s – so no more little circle, and only 3G) Yeah
This patent is like patenting Binary…
There’s 10 people who will read the above:
1 will get it and the other won’t.
Thank heavens the internet was developed for research… else you’d be paying for every email you sent, and every website developer would need to pay Tim Berners Lee $5 every time they create a webpage.
Awwwwww yeah!
I’m sue every mobile device is infringing a copyright in some way or another, and if all copyright protection laws were enforced we wouldn’t have much phones on the market, these manufacturers need to get a grip and stop acting greedy and stupid! Let the consumer decide which device will be the most successful.
For once I agree with you, the consumer should have the right to choose what they want.