iPhone and iPad not available on Apple German Online Store
February 3, 2012 in iPhone News & Rumors by
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In the patent dispute with Motorola, Apple has suffered a critical defeat. Following a judgement of the District Court of Mannheim, Apple iPhone 3G, 3GS, iPhone 4 and all iPad 3G models is no longer available on Apple German online store, although the current iPhone 4S model is not suffering from the disposal.
You will see Derzeit nicht verfügbar (Currently unavailable) when you visit iPhone or iPad catalog on Apple German Online Store.
Official Apple statement regarding this iPhone and iPad removal from Apple German Online Store, as quoted by dpa (Deutsche Presse-Agentur)
“Even if some iPad and iPhone models are currently not available in our online store in Germany, customers should have no problem finding these devices in our stores or from authorized dealers,”
said an Apple spokesman.
This is because both online and retail stores are different legal entities.
Apple announced to take action against the judgment of the District Court and is appealing this judgment due to the fact that Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.
At the same time, this morning, Judge Andreas Voss of the Mannheim local court pronounced a decision on a German Motorola lawsuit against Apple Sales International, Apple’s Ireland-based European sales organization. Motorola won a permanent injunction versus Apple for its iCloud service (and its predecessor, MobileMe) making it possible for Motorola to ban the sales of Apple devices which utilizing such service.
The Mannheim local court discovered that Apple infringed a patent used to e-mail accounts synchronization. The judgment furthermore lets Motorola to inquire Apple company regarding details about previous product sales and holds Apple responsible for damages, Presiding Judge Andreas Voss explained.
Apple’s counsel did not raise a FRAND defense against this patent when the judge inquired about it at the trial.
“The court has come to the conclusion that the wording of the patent does cover functions that were at issue here,” said Voss.
It appears that Apple can keep the iCloud (and MobileMe) taking the most part, in case Motorola enforces today’s decision by posting a 100 million euro bond, Apple will have to deactivate the BlackBerry-style of push email service and probably switching from push to pull email service. Hence Apple stays clear of ongoing infringement regarding that patent. (Apple will nevertheless be liable for damages for past infringement.)
Motorola has won 2 substantive judgements in opposition to Apple so far and this is the 3rd Mannheim judgment in Motorola’s favor against Apple.
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