Motorola wins German injunction against Apple push services

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Comments

  • tallest skiltallest skil Posts: 39,487member
    Quote:
    Originally Posted by Orlando View Post


    This particular case is not a FRAND patent. It is separate from the other case which involved patents to do with 3G standards and has resulted in Apple pulling devices.



    Yep, wrong thread. My fault.
  • scartartscartart Posts: 146member
    Quote:
    Originally Posted by bloggerblog View Post




    I thought SJ said that Apple uses Microsoft's Push Technology for the iOS. He said that during the keynote when Push was introduced.



    only for exchange.
  • kharvelkharvel Posts: 60member
    Quote:
    Originally Posted by Orlando View Post


    This particular case is not a FRAND patent. It is separate from the other case which involved patents to do with 3G standards and has resulted in Apple pulling devices.



    Are you saying that Motorola's "push" patent which this injunction is based on is not FRAND? Are you sure?



    RIM, Microsoft, et al are all using push technology in one form or other. Did they all license the push tech from Motorola?



    I am surprised by this injunction and the win by Motorola. Surely, Apple must have known about this patent and I assumed that they were using a FRAND defense.



    Does this injunction/win by Motorola mean that it could go after Microsoft and RIM next?
  • crawdad62crawdad62 Posts: 86member
    Quote:
    Originally Posted by Fandroid View Post


    If I may, I'd like to use Sir Arthur Harris's famous quote:



    The Nazis entered this war under the rather childish delusion that they were going to bomb everyone else, and nobody was going to bomb them. At Rotterdam, London, Warsaw, and half a hundred other places, they put their rather naive theory into operation. They sowed the wind, and now they are going to reap the whirlwind



    Wow. Just wow.
  • alpha10711alpha10711 Posts: 27member
    It's time like this that I think this whole intellectual property situation is out of control.
  • diplicationdiplication Posts: 582member
    Quote:
    Originally Posted by Fandroid View Post


    If I may, I'd like to use Sir Arthur Harris's famous quote:



    The Nazis entered this war under the rather childish delusion that they were going to bomb everyone else, and nobody was going to bomb them. At Rotterdam, London, Warsaw, and half a hundred other places, they put their rather naive theory into operation. They sowed the wind, and now they are going to reap the whirlwind



    Inspiring quote, not related to reality. In other words, why the hell did Nazi Germany have all that antiaircraft artillery if they didn't think they would need it? Again, nice try, thanks for playing, enjoy the home version of our game!
  • tbelltbell Posts: 3,146member
    Quote:
    Originally Posted by KPOM View Post


    Anyway, for what it's worth, Foss claims that Apple did NOT assert a FRAND defense in the iCloud case, but did in the the case that led to the iPhone 3GS and 4 being pulled. Thus it seems that Apple's only permanent solution is to find a way around Motorola's push patents or license the technology. Given how important iCloud is to Apple's strategy, I suspect they will eventually reach a settlement and licensing agreement.



    Apple couldn't assert a FRAND defense in the iCloud case, as it wasn't a FRAND patent at issue. I doubt Apple will settle the iCloud matter since Google is trying to use Motorola to get Apple to give all Android hardware makers a free pass. Apple will likely just work around the patent, or take the hit in Germany, and hope for a big win in the US.
  • tbelltbell Posts: 3,146member
    Quote:
    Originally Posted by Fandroid View Post


    If I may, I'd like to use Sir Arthur Harris's famous quote:



    The Nazis entered this war under the rather childish delusion that they were going to bomb everyone else, and nobody was going to bomb them. At Rotterdam, London, Warsaw, and half a hundred other places, they put their rather naive theory into operation. They sowed the wind, and now they are going to reap the whirlwind



    I don't understand the significance of your quote being that Motorola actually sued Apple first.
  • bd9598bd9598 Posts: 1member
    Quote:
    Originally Posted by AppleInsider View Post


    German iCloud users may soon be denied access to one of iCloud's most important features, as Motorola has won a permanent injunction against Apple's data pushing services and devices from the country's Mannheim Regional Court.



    In an early Friday court session, Judge Andreas Voss handed down the decision that gives Motorola Mobility the ability to shut down iCloud's push email service in Germany if the company chooses to enforce the ruling, reports FOSS Patents' Florian Mueller.



    The injunction affects not only iCloud, but its predecessor MobileMe as well as any device that can accept data from Apple's push services.



    Motorola first leveled the suit against Apple in April 2011, and because it is the result of a full court proceeding, the judgment is permanent. In contrast, most recent reports regarding Apple's myriad patent disputes have involved preliminary injunctions, which follow "fast-track proceedings" and are sometimes temporary.



    According to Mueller, the suit brought against Apple Sales International, Apple's Ireland-based European sales organization, is not Europe-wide and only applies to the German market. He explains that the Irish sales arm is the contractual partner of Apple's German online store, and since sales are made in Germany they are governed by that country's laws.



    As a result of the decision, Apple can likely keep iCloud running with push email intact, however the company must disable the service if and when Motorola seeks to enforce the injunction.



    During the court hearing, Judge Voss discussed a workaround that involves a device's email client to periodically query Apple's servers for new mail. The solution is less of a workaround than it is a step backward as this is how many email clients worked prior to the rise of push services.



    Push email was made popular by the now ailing Blackberry brand and allows users to receive new mail almost instantly. The system works by "pushing" new data to appropriate devices as soon as it is received at the server, and is a vast improvement from manually checking and pulling mail or setting an email client to do the same.





    Screenshot of iOS push and fetch email settings. | Source: Apple







    Mueller notes that Apple will almost certainly appeal the ruling Karlsruhe Higher Regional Court as the decision is "preliminarily enforceable," which means that Motorola can enforce the injunction if it posts a 100 million euro bond. However, if an appeals court overturns the original ruling, Motorola will need to pay Apple damages that would be determined in a subsequent hearing.



    With Google's planned takeover of Motorola Mobility, it is likely that the company will indeed force Apple to disable push email, in which case German iCloud users will soon have to reconfigure their email clients and devices or move to another service.



    [ View article on AppleInsider ]



    So the PUSH part of the cloud is the problem? I don't think it would be a big deal to remove the PUSH part of the cloud, I turn mine off and do it manually because I don't want everything pushed to all of my devices, that is a waste of space and time. Is there another factor other than the push service? Thanks
  • amoledamoled Posts: 17member
    Is Apple banned in Germany now or what?
  • gatorguygatorguy Posts: 14,138member
    Quote:
    Originally Posted by TBell View Post


    I don't understand the significance of your quote being that Motorola actually sued Apple first.



    Mr. Mueller (FOSSPatents) reports that Apple had already signaled it's intent to sue Moto. They just weren't as fast racing to the courthouse, a tactical error on Apple's part according to him.
  • hungoverhungover Posts: 563member
    Quote:
    Originally Posted by Amoled View Post


    Is Apple banned in Germany now or what?



    No, but they now have to disable push email notifications in Germany (pending appeals)



    http://www.bbc.co.uk/news/technology-17152225
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