Apple finally allowed to restore German iCloud push email after 19 months of litigation
German iCloud users were sent their first email push notifications in over a year and a half on Tuesday, as Apple was finally allowed to reactivate the feature after winning a stay on a 2012 injunction leveled by Google's Motorola.
As noted by FOSS Patents' Florian Mueller, Apple re-flipped the switch on German iCloud push notifications, bringing an end to 19 months of unavailability over a now-invalidated Motorola patent.
In February 2012, Google's Motorola won an injunction against Apple's iCloud push notification service as it applied to emails. Since that time, German iOS device users were forced to set their iPhones and iPads to manually fetch email messages, negating one of iCloud's major features.
Google's patent-in-suit, a push email synchronization invention, quickly came under fire, however, and was invalidated by a UK court last December when the tech giant attempted to assert the property against Microsoft.
In April, the Karlsruhe Higher Regional Court in Germany held appellate hearings over the still standing iCloud injunction's merits, recommending that Google's counsel stipulate a stay of proceedings in light of the UK court's decision. Google declined to do so and continued to enforce the ban.
Also in April, the Mannheim Regional Court ? which first granted the injunction ? stayed a similar Motorola case against Microsoft, citing doubts over the patent's validity. Most recently, the Federal Patent Court of Germany, or Bundespatentgericht, wrote in a preliminary position that the property was likely invalid.
Apple ultimately won a stay on the enforcement of the ban after a successful appeal in September. Following the stay, Apple posted a bond worth approximately $132 million to lift the injunction, which allowed for the reactivation of push services on Tuesday.
Google will next face the German Federal Patent Court on Nov. 13 for a nullity hearing on the Motorola patent, which Mueller believes will be ruled invalid. If that is indeed the case, Google will owe Apple damages for prematurely enforcing an improper injunction, a penalty for which the company had numerous chances to avoid.
As noted by FOSS Patents' Florian Mueller, Apple re-flipped the switch on German iCloud push notifications, bringing an end to 19 months of unavailability over a now-invalidated Motorola patent.
In February 2012, Google's Motorola won an injunction against Apple's iCloud push notification service as it applied to emails. Since that time, German iOS device users were forced to set their iPhones and iPads to manually fetch email messages, negating one of iCloud's major features.
Google's patent-in-suit, a push email synchronization invention, quickly came under fire, however, and was invalidated by a UK court last December when the tech giant attempted to assert the property against Microsoft.
In April, the Karlsruhe Higher Regional Court in Germany held appellate hearings over the still standing iCloud injunction's merits, recommending that Google's counsel stipulate a stay of proceedings in light of the UK court's decision. Google declined to do so and continued to enforce the ban.
Also in April, the Mannheim Regional Court ? which first granted the injunction ? stayed a similar Motorola case against Microsoft, citing doubts over the patent's validity. Most recently, the Federal Patent Court of Germany, or Bundespatentgericht, wrote in a preliminary position that the property was likely invalid.
Apple ultimately won a stay on the enforcement of the ban after a successful appeal in September. Following the stay, Apple posted a bond worth approximately $132 million to lift the injunction, which allowed for the reactivation of push services on Tuesday.
Google will next face the German Federal Patent Court on Nov. 13 for a nullity hearing on the Motorola patent, which Mueller believes will be ruled invalid. If that is indeed the case, Google will owe Apple damages for prematurely enforcing an improper injunction, a penalty for which the company had numerous chances to avoid.
Comments
(Not. Interested. Gatorguy)
Adding clarity, in February 2012 it wasn't "Google's Motorola" winning an injunction.
Good seeing another silly software patent suit that stifles competition bite the dust. Wonderful that Motorola came up with the innovation and kudos for that. Wrong for it to become a roadblock.
Are you working for one of the development teams at Google or just stating an opinion?
Like clockwork.
Not the article; you know what I mean.
If they do I hope they doit totally out of the blue, kind of like they do with many of their other software offerings, there one day not the next. I'd love to see Scamsung's marketing spin.
Meanwhile, did any one see the data on Ars this morning showing Safari's total domination of the planet called Earth?
Jay! Endlich :-)
...and like clockwork...;)
...and like clockwork...
Let me re-emphasize.
Apple finally allowed to re-introduce push services in Germany after 19 months of litigation that did not allow German users to receive push emails.
Not a good time to attempt to emphasise Google's services in this region.
No more sour Krauts.
Oh no! That was worse than mine!
I can't tell you how many times I've read all incoming iCloud email on my desktop, then went to my phone 5 minutes later, only to see the same emails listed as unread. They do get unchecked pretty fast, but isn't the purpose of PUSH for this not to happen?
Shouldn't iCloud be pushing the read tag to all devices connected to your account?
And before you say it, yes.. push IS enabled on my iPhone.
In February 2012, Google's Motorola won an injunction against Apple's iCloud push notification service...
Adding clarity, in February 2012 it wasn't "Google's Motorola" winning an injunction.
...
They could have lifted the injunction once they purchased Motorola. Since they didn't, they own it.
Sure they could have. Why would they throw their new subsidiary under the bus since both Apple and Microsoft would still be suing Moto? Doesn't seem to make any sense, particularly since they've already shown they don't intend to allow new lawsuits evidenced by their requesting and getting dismissal of the only new IP infringement suit MM filed after Google bought them.
Seems several here are pretty anxious to see Google join the list of aggressive IP litigants. Why? There's already plenty of needless patent lawsuits that have zero benefit to device users. Google should be applauded for staying on the sidelines IMO.
Were they the judge as well?
Interestingly, perhaps, Samsung's been developing their own Android alternative. The chaos that iOS is wreaking is fascinating.
I read a rumor about 2 years ago that Google would eventually abandon Android and go with a Chrome OS.