FOSS Patents reviews that a pending court case in Germany will have significant ramifications for Apple, with a potential injunction shutting down the company’s iCloud service there over infringement of a Motorola Mobility patent being pegged as a $2.7 billion risk to Apple.
briefly, Motorola asserted remaining 12 months that Apple’s MobileMe service infringes upon a Motorola patent related to data synchronization. Motorola amended the go well with to include iCloud once that service was once introduced later in the year. while an respectable ruling on an injunction is not due unless February, Motorola has already received an initial default judgement involving the patent and FOSS Patents reports that the presiding choose will not be looking terribly favorably on Apple’s security to this point.
The courtroom would not appear to buy any of Apple’s defenses at this stage. it may still alternate mind until the ruling, which is scheduled for February 3, 2012, 9 AM local time, but if it had had to rule lately, I have no doubt that Apple would have lost.
If Motorola wins its case and an injunction is granted, Apple could be pressured to pull all of its products in Germany that incorporate the infringing iCloud integration. it is typical in German courts to require profitable parties to publish bonds with a view to guarantee repayment of lost income must the defendant win an appeal of the ruling, and Apple has requested that Motorola be required to post a 2 billion euro ($2.7 billion) bond on this case.
The court docket used to be wondering whether that hefty amount actually reflects the economic damages Apple would endure from enforcement, provided that the iCloud is just one Apple providing and does not correspond to your entire worth of its products. however Apple’s attorneys insisted that an enforcement in opposition to its product sales in Germany might result in damages of that magnitude.
The choose raised the potential for Apple creating a workaround for iCloud to steer clear of infringing Motorola’s patent, however Apple’s attorneys pressed their case that the risk to Apple’s trade was once certainly nonetheless extreme.
Apple obviously has a vested hobby in setting as excessive a bond as possible, forcing Motorola to place up a major sum of money if it needs to press forward with an injunction. The figure represents a substantial dedication on Motorola’s part and makes clear that Apple will move to get well that money should an injunction be granted and later overturned, as a consequence growing Motorola’s own possibility within the complaints. but whereas Apple may be artificially inflating its chance reasonably, it does still must justify the figure to the court and is certainly working to do just that.
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