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iCloud push notifications may soon be restored in Germany after stay in Motorola trial

post #1 of 9
Thread Starter 
After more than one year of going without email push notifications, Apple iCloud users in Germany may soon see a restoration of services as a high court on Wednesday stayed Motorola's patent trial against the iPhone maker.

The Karlsruhe Higher Regional Court's decision to stay comes after the Mannheim Regional Court on Friday found Microsoft, which is being targeted with the same patent-in-suit, to be licensed to use the technology. This rules out an injunction against the Redmond, Wash.-based company over the property and brings into question the overall validity of Google's patent, reports FOSS Patents' Florian Mueller.

Push
Apple's push notification service options for iCloud email on iOS.


According to a court press release (machine translation), both Apple and Google's Motorola agreed to the stay, with Google shifting its position after the presiding judge suggested it do so in a previous hearing. Apple was originally seeking a dismissal, but will apparently settle for a stay in the meantime.

Mueller reports the recent decision does not automatically lift the ban against Apple's push services, however, as the appeals court has yet to offer a final opinion on the push notification patent.

"Technically, the enforcement proceeding relating to the Mannheim court's decision is separate from the appeal of the ruling on the merits," Mueller explains. "But in this case the appeals court expressed fairly strong doubts about the validity of the patent at the hearing, and on this basis Apple can bring a new motion for a stay of the enforcement of last year's injunction."

Motorola Mobility first won an injunction against Apple's push notification services in February 2012, which was later used to effectively halt all iCloud push email services in Germany. Apple attempted to suspend the injunction in March of that year, but the Karlsruhe Court, which handles appeals for the Mannheim Regional Court's circuit, denied the appeal.

Apple will likely seek to reinstate push notifications in Germany, and if Google denies the request only to later have the leveraged patent invalidated, the search giant will owe damages to the Cupertino company.

Google purchased Motorola, and its huge communications patent portfolio, in May 2012 for $12.5 billion. The buy was seen by some as a means to bolster the Android operating system against Apple's iOS, but Google has been largely unsuccessful in leveraging the patent hoard in ongoing litigation.

Earlier this week, the U.S. International Trade Commission threw out a Motorola suit against Apple that sought to ban iPhone imports, alleging the handset infringed on a proximity sensor patent.
post #2 of 9
Motorola = winning. No, wait.......

Isn't this the only case they "sort of" won? And now it's about to be overturned? Every other case has been a complete failure.
post #3 of 9

Not only will their only "win" be overturned, they'll probably be liable for any losses incurred by Apple.

 

Way to go Google!

post #4 of 9
$12 Billion for a suite of useless patents.
At least the recoup some money when they sold the STB group.
Serves them right for buying a company to use as a weapon.
post #5 of 9
So, when exactly is the apology being made in the papers?

1smile.gif
Smoke me a kipper. I'll be back for breakfast.
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Smoke me a kipper. I'll be back for breakfast.
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post #6 of 9
I feel for the Germans; every once in a while there's this 'nice thing' happening in IT, and Push Email is one of those, for me.
I’d rather have a better product than a better price.
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I’d rather have a better product than a better price.
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post #7 of 9
Quote:
Originally Posted by GTR View Post

So, when exactly is the apology being made in the papers?

1smile.gif

 

I think that's only in the UK. But Motorola may not need to apologise since it hasn't been called 'cool' by the judge!

post #8 of 9
If the patent is invalidated then Google are going to be due Apple a huuuuge bag of cash.
post #9 of 9
If the patent is invalidated Google will not owe anything. The courts made the decision and the push was banned. Should there be significant evidence of an error, and Goolge not lift the ban pending trial, then they may have to compensate Apple. Equally as well, if Google allow the ban to be lifted pending a trial, and Google win, Apple will need to compensate them.

You only have to pay compensation if you force an injunction before a trial result. That is for monies lost pending a trial outcome. Saying that the judge / jury made a mistake so the company has to pay does not add up and would grind legal systems to a hault.

If you look at the US, Samsung have had to make numerous work arounds for patents Apple won in a case against them. Since that case, some of the Apple patents have been invalidated, and one is invalidated pending final appeal. Despite this, Apple do not owe Samsung anything. A jury made the decison and Apple can not be sued because a jury got it wrong. These patents being invalidated will only reduce the penalty Samsung has to pay.

(my non legal opinion based on common sense, although legal systems do not always follow common sense)

Here is a link to another article where Apples patent was overturned after they were awarded a permanent injuction against Motorola.

http://appleinsider.com/articles/13/04/04/apples-slide-to-unlock-patent-invalidated-in-german-litigation
Edited by Nairb - 4/25/13 at 12:35am
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