Apple wins preliminary sales ban against Motorola devices in Germany

By , Sep 13, 2012

Hot on the heels of their big victory against Samsung here in the United States, Apple’s legal team has just won another important decision against Motorola in Munich, German.

The German court has just awarded the Cupertino company a preliminary sales ban against Motorola’s phones and tablets in the country, ruling that they infringe on Apple’s patents…

PCWorld has the scoop:

“Apple won a preliminary sales ban on Motorola phones and tablets in Germany on Thursday when the regional court of Munich ruled that Motorola infringes on a touchscreen-related patent, a spokeswoman for the court said.

Apple sued Google-owned Motorola Mobility for infringing on its “list scrolling and document translation, scaling, and rotation on a touchscreen display” patent, said Stefanie Ruhwinkel, spokeswoman for the Munich court. The patent is also known as the “overscroll bounce” or “rubber band” patent and allows pages, documents or photos on touchscreen devices to scroll past their boundaries and bounce back when users release their fingers from the screen.”

The list of infringing devices includes the Motorola Milestone XT720, the Motorola DEFY, the Motorola Atrix and the Motorola XOOM. As you know, all of these use Google’s Android OS.

In addition to the sales ban, Apple is also asking Motorola to disclose its sales figures in Germany, so it can calculate damages, and — get this — it’s asking that unsold devices be destroyed.

Of course, today’s ruling isn’t final. And even it was, it seems like Motorola could push out a workaround to the patent via a software update. But make no mistake, this is still a big win for Apple.

We’re just wondering what Google has to say about all of this.

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  • http://twitter.com/MCaudebec Maxim∑

    Apples legal team must be very experienced now…

  • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

    HOW?! Apple just had to license Motorola patents or a face a sales ban of ALL their products in Germany. How in the HELL does this happen after that?

    And to ask for the unsold products destroyed? Seriously? I guess because 95% of tech blogs called the iPhone 5 a disappointment, Apple’s started to run scared now and just ban everything.

    • http://twitter.com/int3nsive Int3nsive

      All tech blogs said in the past the same about the previous iPhone versions and the iPad… and Guess what… :)

      • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

        Not really. But this time even Apple blogs are saying it’s a disappointment, so the situation is completely different. Apple’s Keynote was even more rushed than before cause they knew everyone knew everything about the phone already.

      • http://twitter.com/int3nsive Int3nsive

        If you say that Apple have failed HARD on doubling the secrecy, I agree with you, but saying that the iPhone 5 is a disappointment, I cannot agree. And I believe the the sales will prove that, just like in the past… with the iPhone 3GS… iPhone 4S… iPad… iPad2… iPad3….

        Just because the iPhone 5 has a similar look of the iPhone 4 and 4S it doesn’t mean that it doesn’t have great upgrades/improvements. If you look closely, the Samsung S2 and S3 had less improvements aside of the look, bigger screen, resolution.

      • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

        I’m not the only one saying it, that’s my point. If you look at tech blogs, seriously around 95% of them are saying it’s a massive disappointment. People expect a certain quality from Apple (they are a “premium” company after all), and this did not meet that expectation at all. The phone has outdated hardware, the screen size is still too small, the camera on the back should have been 12MP at least, there should have been an NFC chip to go with PassBook, iOS 6 is really just catching up to ICS. Honestly, I could care less that the phone looks basically the same as the 4 with a two tone back, but it’s the fact the hardware and software are really outdated already, or just catching up to stuff that’s been out there for the past year. In that regard, it is a disappointment.

        As for sales, I really see the 4S selling better than every because of this, if anything. The 4S has basically the same hardware, and all the same features. A lot of people still don’t have 4G in their area, so why spend the extra $100 on something you can’t use?

      • http://twitter.com/int3nsive Int3nsive

        How can a Apple A6 based on the latest Cortex A15 with quad-core GPU that runs games almost identical to graphic consoles can be “outdated”?

        ” A lot of people still don’t have 4G”
        I agree… but neither the NFC…

        And the future about NFC it’s still unknown, and maybe Apple is waiting to see where it goes, because in a matter of security, NFC has a lot of failures. Last time I’ve checked, it’s very “easily(for hackers)” to hack this technology.

        12Mb? Again… Pixels? People need better lens and chips, not pixels, specially when almost 99% of the iPhone users only upload pictures to the web and have no intention to print them, and even if they want, 8Mp can make a great print bigger than a A2 paper size without scaling up.

        Pixels should only increase when the lens and sensor ask for that… but take a look how thinner the iPhone 5 is.. at this moment I really think that’s hard to put there a bigger sensor with great lens. And the camera quality its still great. Better, only with a true DSLR.

      • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

        The chip has two cores, period. A quad core chip will beat a dual core every day. NFC is growing every single day, and more and more companies are working towards implementing it. To not have it included is a short-sight. Yes, it has flaws, but so does every OS. It was proven you can easily take over a phone through the microphone, yet phones still have those. Yes, you need better chips and lenses, but the phones with the 12MP have the better lenses and chips. The Droid Razr is .5mm thinner and has the same camera, so they could have implemented a higher MP/better lens/chipset in it.

        To me, it seemed the star of the Keynote was actually the new Touch. It is a great improvement over the previous one, and that big a different is what we were all expecting of the iPhone 5 vs the 4S. If an iPod outshines an iPhone, it’s really awkward for everyone involved, and that’s exactly what yesterday was.

      • http://twitter.com/int3nsive Int3nsive

        Apple A6
        CPU = 2 Cores
        GPU = 4 Cores

        iOS and Apps = 100% optimized for multi-cores.
        Android and Apps = Optimized for single cores. Most of the Apps can’t take advantage from dual and quad core Cpus.

        This is why the Android tablets in general still suck and can’t handle the same resolution of retina display.

        About NFC, we are talking about money… so the security reservations should be studied very carefully.

        “NFC is growing every single day”
        Just like the 4G.

      • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

        2 core CPU is still 2 cores, even if the GPU is 4, just saying.
        Jelly Bean is optimized for multi-cores, and the apps are moving that way as well.

        And with taking over a phone in general, people store money card numbers on their phones too, not just NFC chips, so taking it over via microphone would be the exact same thing. Cracking a browser that someone uses for online banking would be the same thing too, hence why I don’t use browsers for online banking unless it’s in “Private” mode, or I’m on a live CD where all data will get wiped anyway. Everything has a privacy concern in the tech world, because nothing can be programmed 100% fool-proof.

        4G and NFC are growing, yet Apple only included one.

        I like the phone, overall, don’t get me wrong, but I just think it’s a disappointment coming from a “premium” company like Apple.

      • http://twitter.com/int3nsive Int3nsive

        The problem is that other hacks need trojans to attack you and NFC can be hackable only staying near by.

        About the Cores.. do you know that the Dual Core Cortex A15 outperforms the Quad-core Cortex A9?

        More cores doesn’t mean faster processor speed. You should do some research about that, and why almost every brand are going to adopt the Cortex A15.

        Btw, I know much more countries having 4G network than NFC payments… and still many doubts about his adoption.

        I believe that almost any smartphone that already has NFC will never use them because the future for this technology seems long to be adopted and at that time, people will own two or three versions ahead or the actual smartphones that they have. And maybe we will se some kind of NFC 2.0 that makes the actual NFC obsolete. So since this is a technology have so many doubts and still on beta stage, Apple is holding their horses to see where this goes.

      • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

        The A15 can also have 1-2 cores per physical chip, but 1-4 per cluster, so of course it’s going to be faster with the 4 active, it’s newer. And yes, hopefully by the time NFC 2.0 is implemented it’ll be easier to use and not have the headaches of hacking, it just would have been nice to have the NFC now. Look at tech blogs, and almost everyone points out that the lack of NFC, as small as it seems, is a drawback.

        The point of this article, really, is that somehow Apple was forced to license Motorola’s patents in Germany, or face a total sales ban, yet now that they’ve had to license it, they’ve flipped on Moto and are not only looking for a sales ban, but a physical destruction of property, which is outrageous. Apple is stabbing Moto in the back now that they’ve been forced to license their patents, period.

      • wishingtree

        of course the sales of iphone5 will be high because apple already ban other phone in us. so consumer don’t have any choice anymore to choose..

  • http://twitter.com/lgasparjnr laszlo gaspar

    Oh stop suing people already it’s getting really boring

  • http://twitter.com/Jack_maredit Jackson Grong

    Just, ahahaha :)

  • myself

    Sour apple are really getting pathetic now with all this, I really hope these companies that are trying to sue apple now over patent infringements win their cases as apple needs knocking down a peg. over priced, above itself company that has to now resort to wiping out the competition rather than compete, not everyone wants an apple iphone sad pathetic company.