A German court ruled Apple breached among the Android smart phone maker’s wireless intellectual properties. Apple could now be expected to remove the function from its units and could be in for a sale ban in the mean time, if Motorola decides to use the injunction from the Mannheim court by paying a 100 million euro (£85 million) bond.
Judges decided that Apple neglected to license one of Motorola’s patents for a ‘ strategy for doing a countdown function during a cellular originated transfer for a packet radio method’. Motorola permits this patent to others on Frand (fair, decent and non-discriminatory) conditions. Apple has decided to pay this in the future and back-date installments, but Motorola is looking for an above-Frand rate.
‘We’re planning to appeal the court’s order immediately,’ Apple replied in a defiant statement. ‘Holiday clients in Germany should have no issue finding the iPad or iPhone they require.’ Scott Offer, vice president and general counsel of Motorola Mobility, says in a statement: ‘We will continue to take all required actions to defend our intellectual property, as the firm’s patent portfolio and certification contracts with firms both in the United states and worldwide are extremely vital to our company.’
‘We have been settling with Apple and giving them fair certification conditions and terms since 2007, and will continue our attempts to settle our global patent argument as soon as practicable.’