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Motorola injunction against Apple push services upheld in Germany

post #1 of 28
Thread Starter 
German iOS device owners will be without push notifications for an extended period of time as a German court denied Apple's appeal to halt a Motorola ban on the service used by iCloud and MobileMe.

A spokeswoman for the Karlsruhe Higher Regional Court, which handles appeals for the circuit within which the Mannheim Regional Court belongs, confirmed on Friday that an Apples attempt to suspend the injunction imposed by Motorola had been denied on Wednesday, reports FOSS Patents' Florian Mueller.

"We are pleased with [Wednesday's] ruling in Germany denying Apple's motion to stay the injunction related to our push email patent. We will continue to protect our intellectual property," Motorola said in a statement.

Apple's German push notification stoppage was the direct result of a Motorola court case regarding data pushing technology, and was first revealed in a support document posted to the company's website. The telecommunications giant won the injunction in early February, though chose not to leverage the ruling until later that month presumably due to deliberation over whether to post the 100 million euro bond required to enforce the ban.

Motorola first filed the patent complaint at the Mannheim Regional Court in April, 2011, and Judge Andreas Voss subsequently handed down the "preliminarily enforceable" ruling in favor of the RAZR maker.

Push technology allows users to receive email and notifications instantly without having to "pull" the data from a server. The system was popularized by Research in Motion's BlackBerry platform, with Apple adding the service to MobileMe and subsequently iCloud.

Wednesday's decision to uphold the injunction means that German iCloud or MobileMe users could be without push notifications for a year or more as the issue moves through the appeals process. iOS devices are only affected within the confines of Germany, and regain push functionality once outside the country's borders.

Certain workarounds like timed retrieval of messages can serve as a stop-gap until Apple either wins an appeal or comes to an agreement with Motorola.

Apple has the option to appeal again, though it is likely that the company has presented all arguments and will have to wait and see if other ongoing cases against Motorola bring new cause for a reexamination of the case. As the two companies continue their German patent battle, it is unclear what effect the appeal denial will have on future proceedings regarding certain FRAND patents that apply to wireless technology.

Apple recently won two key injunctions against Motorola, one regarding a photo gallery patent and another over a handset's slide-to-unlock mechanism.

With Google's takeover of Motorola Mobility looming, Germany has become an important battleground for the overarching iOS versus Android patent war.

[ View article on AppleInsider ]
post #2 of 28
Do you want to see something good destroyed? Just create it...
post #3 of 28
Quote:
Originally Posted by igorleandro View Post

Do you want to see something good destroyed? Just create it...

I think the argument is who created it first...
post #4 of 28
Yawn.
post #5 of 28
Quote:
Originally Posted by AppleInsider View Post

German iOS device owners will be without push notifications for an extended period of time as a German court denied Apple's appeal to halt a Motorola ban on the service used by iCloud and MobileMe.

Apple has GOT to stop stealing IP from other companies. If they cannot innovate, they should pay the price and license it from them.

It is unseemly that they steal from other companies. It is giving them a bad reputation.
post #6 of 28
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

Apple has GOT to stop stealing IP from other companies. If they cannot innovate, they should pay the price and license it from them.

It is unseemly that they steal from other companies. It is giving them a bad reputation.

You should read more and write less. jmho
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post #7 of 28
I thought NTP had the push email patent.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #8 of 28
There really isn't much difference between what is being called 'push' email and regular email. As I understand it, the push variety leaves an open idle connection to the server so when new mail comes in the server tells the client to go get it. So it is not really pushing the mail but instead sending a command. If you set your email to check every minute it is nearly as efficient at getting the mail promptly. I'm not sure which uses less battery resources.

The main thing about iCloud and MobileMe is the contacts and calendar syncing which can't be worked around so easily. The article does not mention that aspect of the service that is infringing. I don't recall if contact and calendar syncing was part of the original injunction or not.

Life is too short to drink bad coffee.

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Life is too short to drink bad coffee.

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post #9 of 28
Quote:
Originally Posted by mstone View Post

There really isn't much difference between what is being called 'push' email and regular email. As I understand it, the push variety leaves an open idle connection to the server so when new mail comes in the server tells the client to go get it. So it is not really pushing the mail but instead sending a command. If you set your email to check every minute it is nearly as efficient at getting the mail promptly. I'm not sure which uses less battery resources.

The main thing about iCloud and MobileMe is the contacts and calendar syncing which can't be worked around so easily. The article does not mention that aspect of the service that is infringing. I don't recall if contact and calendar syncing was part of the original injunction or not.

I don't think all push email are alike. BBs have always had great battery life because the device does not actively retrieve emails, RIMs server farm gets the email and then sends it to the device. I'm guessing Apple and Google use a different method because RIM nor NTP has never sued either.

I'm curious though, what patent does Motorola hold in Germany that it doesn't hold here in the states?
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #10 of 28
A hundred million euro bond to temporarily stop Apple push services in Germany. You gotta be kidding. Trollarola could forfeit the whole hundred million if Apple prevails in the appeal. Trollarola is hoping this will damage Apple enough to force a settlement (highly unlikely) or, more likely, convince Google that Trollarola's patents are worth the $12.5 billion sale price to Google.

In any case Google inherits a big legal headache and a hundred million euro liability if the buy Trollarola now, which means Google's not buying anything until the appeal is heard. If Trollarola looses the appeal they forfeit the 100 million euros and they can forget about the sale to Google. And that's the end of Trollarola.

Showdown at the OK corral! Stay tuned !!
post #11 of 28
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

Apple has GOT to stop stealing IP from other companies.

It hasn't been proven that they did.

then again you take such great delight in bashing Apple that you don't bother with things like details or truth

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #12 of 28
Quote:
Originally Posted by dasanman69 View Post

I don't think all push email are alike.

That could be the key in the case. Is Apple using the same tech or even technique to achieve the same end result. It could be that they are not. And if they are not then they haven't validated the patent.

And if the patent is on the mere idea of push email then they may be able to argue that they added tech and thus created a new product through vast improvement.

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #13 of 28
Quote:
Originally Posted by Mightymike View Post

A hundred million euro bond to temporarily stop Apple push services in Germany. You gotta be kidding. Trollarola could forfeit the whole hundred million if Apple prevails in the appeal. Trollarola is hoping this will damage Apple enough to force a settlement (highly unlikely) or, more likely, convince Google that Trollarola's patents are worth the $12.5 billion sale price to Google.

In any case Google inherits a big legal headache and a hundred million euro liability if the buy Trollarola now, which means Google's not buying anything until the appeal is heard. If Trollarola looses the appeal they forfeit the 100 million euros and they can forget about the sale to Google. And that's the end of Trollarola.

Showdown at the OK corral! Stay tuned !!

You may be right, you may have a point (you don't)...etc etc...but it's really hard to take people seriously when they post a stupid version of a company's name.

Crapple
Samsux
Trollarola
etc, etc, etc.

Changing the names doesn't enforce your point and just makes any post containing such idiocy seem childish despite other content.

#TheMoreYouKnow
post #14 of 28
Quote:
Originally Posted by charlituna View Post

It hasn't been proven that they did.

then again you take such great delight in bashing Apple that you don't bother with things like details or truth

I don't think you get what he's doing.

He's mocking
post #15 of 28
Quote:
Originally Posted by AbsoluteDesignz View Post

He's mocking

But why? To what end? Has he forgotten what happened to the last account based entirely around Poe's Law?

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

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Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply
post #16 of 28
Quote:
Originally Posted by Tallest Skil View Post

But why? To what end? Has he forgotten what happened to the last account based entirely around Poe's Law?

why? I dunno...I find it funny but I have an obvious bias...I see no point to it other than to point out the absurdity of the word "stolen" in these situations and it's overuse when it's Apple suing others...even if Apple loses the case.
post #17 of 28
Quote:
Originally Posted by AbsoluteDesignz View Post

You may be right, you may have a point (you don't)...etc etc...but it's really hard to take people seriously when they post a stupid version of a company's name.

Crapple
Samsux
Trollarola
etc, etc, etc.

Changing the names doesn't enforce your point and just makes any post containing such idiocy seem childish despite other content.

#TheMoreYouKnow

Your point is well taken (not really), Trollarola emphasizes the patent troll that Motorola has degenerated into and is appropriate in this context. How long have you been working for Trollarolla, I mean Motorola.
post #18 of 28
Moto is an old whore way past her sell-by date, out for money.

A last gasp from a lousy company that makes lousy products, backed by lousy service.
post #19 of 28
Quote:
Originally Posted by Mightymike View Post

Your point is well taken (not really), Trollarola emphasizes the patent troll that Motorola has degenerated into and is appropriate in this context. How long have you been working for Trollarolla, I mean Motorola.

That's just his point of view... I rather liked Trollarola and didn't find anything childish about it.

AD admires poes... something I find childish.
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post #20 of 28
Quote:
Originally Posted by island hermit View Post

That's just his point of view... I rather liked Trollarola and didn't find anything childish about it.

AD admires poes... something I find childish.

You would. The only thing faulty in his comments to you is that you know he doesn't believe what he says when he's Poe-ing and is in fact mocking.

Had he been an established AI pro-Apple poster he'd be quoted with +1s no matter how ridiculous his comments are as evidenced by the sometimes adoration of Apple ][ (thankfully the more mature posters realize the manure he spews even when he supports their POV)
post #21 of 28
Quote:
Originally Posted by Mightymike View Post

Your point is well taken (not really), Trollarola emphasizes the patent troll that Motorola has degenerated into and is appropriate in this context. How long have you been working for Trollarolla, I mean Motorola.

So Motorola doesn't have the right to protect it's intellectual property without being a patent troll yet Apple does?

Do you understand why Zither exists now?

PS. I think this is all BS...there are few cases I support (bounce back for one, and this new revision on slide to unlock as it seems much more specific and definitely should be Apple's) but for the most part a lot of these cases seem more stifling innovation than anything IMO.
post #22 of 28
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

Apple has GOT to stop stealing IP from other companies. If they cannot innovate, they should pay the price and license it from them.

It is unseemly that they steal from other companies. It is giving them a bad reputation.

Apple's reputation seems pretty solid. Those blockbuster sales don't come from a bad rep.

As for IP theft, the industry is using Apple as its collective R&D dept. Just look a what went on at CES.

Not sure what Apple is "stealing" from Moto. Moto is way past its prime and needs to die. You wouldn't see a suit like this had they been flush with cash. Moto is just taking up space and resources at this point.
post #23 of 28
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

Apple has GOT to stop stealing IP from other companies. If they cannot innovate, they should pay the price and license it from them.

It is unseemly that they steal from other companies. It is giving them a bad reputation.

Mike Daisey mk II.
post #24 of 28
Quote:
Originally Posted by Quadra 610 View Post

Apple's reputation seems pretty solid. Those blockbuster sales don't come from a bad rep.

As for IP theft, the industry is using Apple as its collective R&D dept. Just look a what went on at CES.

Not sure what Apple is "stealing" from Moto. Moto is way past its prime and needs to die. You wouldn't see a suit like this had they been flush with cash. Moto is just taking up space and resources at this point.

Are you implying that CES had a bunch of Apple clone devices? If so could you kindly point to them?

Or are you implying that CES featured tech from companies responding to Apple? In that case...duh.
post #25 of 28
Quote:
Originally Posted by AbsoluteDesignz View Post

Are you implying that CES had a bunch of Apple clone devices? If so could you kindly point to them?

Or are you implying that CES featured tech from companies responding to Apple? In that case...duh.

http://english.cri.cn/6826/2012/01/14/1461s676267.htm

Quote:

Showcasing more than 20,000 products from a record number of over 3,200 exhibitors in an exhibition space of 0.17 million square meters, the 2012 International Consumer Electronics Show (CES) turned out to be one of the largest in the event's 44-year-old history.

Though Apple was absent, its dominating influence was felt everywhere throughout the world's largest consumer technology trade show, which ended in Las Vegas on Friday.

While other top-notch brands are touting their versions of Ultrabook, Smartphone, Smart TV and Tablets, Apple once again proved its status as the industry's most innovative firm and role model.

Over 300 companies exhibited Apple accessories, even more defined their products in terms of Apple's products.

"It's now clear that one theme will dominate this year's International Consumer Electronics Show: catching up with Apple," said the San Francisco Chronicle on its website.


At last year's CES, it was all about Tablets. This year, the super-thin Ultrabooks are in the show's spotlight. The "Ultrabook" laptops are making computers as attractive as Tablets while retaining standard performance.

More than 30 types of Ultrabooks were presented by PC makers such as Hewlett-Packard, Lenovo, Acer, Samsung and others.

The concept of "Ultrabook" was created by computer processor giant Intel in 2011 in response to Apple's Macbook Air.

CNET, the official streaming media partner of CES, said in a review that "The Ultrabook format has been described as a MacBook Air running the Windows OS."

In the competition for the best Smartphone of CES 2012, Nokia's Lumia 900 came out on top, staging a comeback for the mobile phone leader Nokia after it joined hands with software giant Microsoft. Other ambitious contenders include Lenovo K800, the world's first Smartphone containing Intel's powerful chip.

However, no matter how smart, fast or pretty the new Smartphones are, their significance to the industry in the innovative sense is overshadowed by Apple's iPhone.

Matthias Person, an exhibitor and chief executive officer of the German company iBolt, which is doing business related to Apple's products, told Xinhua that he thought iPhone is still the most popular one on the market.

"Maybe there will be an increase in Android systems in the future, but Apple will still have the lead in this technology," he said.

As regards living room technology, Smart TV dominated the scene.

Samsung, LG, Lenovo, Hisense and many other TV manufacturers were promoting their Smart TVs at the show.

Liu Jun, Lenovo's senior vice president, told media at the sidelines of the CES that Smart TV is the new trend and will ultimately replace traditional TV.

Philip Newton, Samsung Australia's audiovisual director, told media that Apple TV is old news, but that Smart TV is the future and has already arrived.

But that future seems to have Apple written all over it, as competitors are already anticipating Apple's iTV, the last project of the deceased Apple co-founder Steve Jobs.

The release of Microsoft's Windows 8 operating system is being praised by industry insiders and is seen as a milestone for the software giant. This signals Microsoft's entry into the fields of communication and the Internet, Liu Jun said.

However, global financial services firm Morgan Stanley was not at all optimistic that Windows 8 is able to pump up PC sales to beat Apple.

"We are in the middle of a technology revolution," Consumer Electronics Association chief Gary Shapiro told Xinhua. However, a real revolution to lift the industry out of Apple's shadow has yet to take place.


When it comes to ideas that are effectively workable and marketable, the industry outside Cupertino is bankrupt. The name of the game is to follow Apple or attempt to clone their products as closely as possible.
post #26 of 28
Just look at once great tech companies that went bust because they could not innovate; Kodak, Wang, Polaroid, Palm. Others like Rim and Motorola are close to the edge.*

Companies don't invest in innovation*for fear of becomming more irrelevant then they already are when their products don't sell.

The only model of successful innovation is Apple's. The choices for companies today are: 1. copy Apple, 2. go bust, or 3. turn back time and troll your patents to make a few bucks.

Most companies are in one of these three categories, and it's getting worse as anyone with an ounce of creativity is streaming towards Apple.

Trollarola won't be home for Xmas.
post #27 of 28
Nein Pushen? (Yes, I know no German)
post #28 of 28
Quote:
Originally Posted by AbsoluteDesignz View Post

Are you implying that CES had a bunch of Apple clone devices? If so could you kindly point to them?

Or are you implying that CES featured tech from companies responding to Apple? In that case...duh.

CES is the equivalent of the fake Chinese Apple Stoer[sic]
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