9. December 2011–
Motorola has secured a significant patent infringement victory over Apple, potentially threatening sales of Phones and iPads for the holiday. According to Apple EU's spokesman Alan Hely, damage is unlikely given the company plans to immediately appeal the ruling (the cost of which may intimidate Motorola). “Holiday shoppers in Germany should have no problem finding the iPad or iPhone they want,” he told The Associated Press.
The patented technology – which relates to wireless data transfer – is one of two being examined by the Mannheim state court which made an exploratory ruling in favor of Motorola a month ago. On Friday, the the court affirmed unspecified damage as far back as 2003.
Today’s decision is sure to be appealed by Apple to the Karlsruhe Higher Regional Court. Observers predict the US giant will seek a stay on the injunction banning the sale of its affected products. If the anticipated appeal and stay does not materialize, Motorola will have to offer a 100 million euro bond – against losses incurred by Apple if the decision is reversed in future – to enforce restriction on Apple sales.
Apple’s only other options would be to remove the offending technology from its products or obtain a licence from Motorola.