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Apple Pulls All 3G Devices Except iPhone 4S from German Online Store Following Motorola Patent Win [Updated]
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The whole issue is that Moto is refusing to license the patent under reasonable terms which obviously a court will decide they must do. I wouldn't be surprised if Apple did it voluntarily to set up exactly a scenario that you described.
It's not like this is the end of iPhone because of a frand patent violation LOL...
Reminds me of that other company that is refusing to license their patents and is suing like there's no tomorrow. If I only could remember the name of the company... It's on the tip of my tongue...
why is it ok when apple sues for a shape or something silly and demands rival products be removed b/c its a violation of their IP but when it happens to apple for violating IP, it's suddenly crap or bad?
Moto created the first cellphone didn't they? they prob have patents no one has heard of, they also created the first iphone(itunes phone)... apple got caught stealing. They are being sued by moto in the USA too for similar patents if these are pointless patents they wouldn't have a case, clearly they do.
the irony of it, apple just got a taste of their own medicine. now maybe they'll compete instead of suing everything.
Moto created the first cellphone didn't they? they prob have patents no one has heard of, they also created the first iphone(itunes phone)... apple got caught stealing. They are being sued by moto in the USA too for similar patents if these are pointless patents they wouldn't have a case, clearly they do.
the irony of it, apple just got a taste of their own medicine. now maybe they'll compete instead of suing everything.
It's Apple. Their patents aren't frand though, so not really the same scenario, right?
I'm convinced that Limited is an anti-apple troll. The idiotic nature of his posts, sigs etc. points to someone who's just playing the part of a delusion zealot.
Would they now reconsider those stupid patent wars?If only Apple had paid for it upfront then, when asked to in 2007.
FRAND doesn't apply when you choose not to pay and then release products that infringe.
The lawsuit didn't apply to the iPhone 4S because it was filed before the 4S was released. I'm sure Motorola will pursue the injunction of the 4S or they may have already filed the injunction and it's simply waiting to be addressed in court. Don't kill me if I'm wrong, that's just my guess. And I really wish the patent wars would stop.
The consumer is losing out here...
The consumer is losing out here...
were they subject to the suit or were they released only after the suit was filed and thus not mentioned? Justice is slow remember.
The 4S uses a Qualcomm chip. Since Qualcomm has a license for the patent in question, it is in the clear. A patent holder can't "double dip" and collect royalties from a customer who purchases a part from a supplier who has properly licensed it.
Motorola won two cases today. The products being pulled relate to a FRAND patent, the preliminary decision of which was reached back in December. The other victory related to iCloud. Apple didn't assert a FRAND patent in that case, and thus it is possible Apple will need to disable iCloud in Germany, at least until they work out a licensing deal.
Apple is disputing the validity of the pager patent in the iCloud case. Regarding the iPhone 3GS, iPhone 4, and 3G iPad, Apple isn't disputing the validity of the patent. They are simply disputing how much they need to pay Motorola Mobility to license it.
I think the bigger deal isn't the pulling of the products today. It is Motorola Mobility's victory in the iCloud case. Apple and Motorola will eventually settle the FRAND patents. However, Motorola Mobility may be less willing to license technology that Apple can use in iCloud, since it competes against Google's similar Cloud services.
Wrong. FRAND always applies, Apple will just have to pay some money for infringing, but it will be a drop in the bucket and then it will be business as usual.
No, the patent applies to the 4S, but Qualcomm has a license for the technology and supplies Apple with the chip. Therefore, Motorola Mobility is already getting its royalty.
No, Motorola didn't put iPhone 4S because it wasn't released when the case started. I think there is a new case for the iPhone 4S
Said that, I don't like that kind of injunctions. I prefer that there is a quick trial and then an injunction or damages if there is infringement
Not quite. According to FOSS Patents: "The fact that the iPhone 4S is not affected by Motorola's enforcement is almost certainly attributable to the fact the iPhone 4S, unlike earlier iPhones and iPads, contains a baseband chip from Qualcomm. Earlier products use chips from Infineon/Intel (Intel acquired Infineon's baseband chip division). Assuming that Motorola and Qualcomm have a cross-license agreement in place (just like Samsung and Qualcomm do), Apple is covered by extension, as a result of what is called patent exhaustion (a patent owner gets paid only once for the same use of a patent in a product)."
See whole article at http://fosspatents.blogspot.com/2012/02/apple-removed-products-from-german.html
The difference is that the patent in question is FRAND. In exchange for making it part of an industry standard (GPRS), Motorola Mobility agreed to license it on fair and reasonable terms to all comers.
Motorola Mobility did win another case against Apple involving a technology used in iCloud. That isn't FRAND, and thus Motorola Mobility may be less willing to deal.
The case started before Google said it would buy Motorola, so no, Google has nothing to do with the case
Small temporary hit on sales?
If Apple is ready to push out iPad3 without the offending technology, and iPhone 4S does not use the 3G technology then maybe Apple just loses about a month of sales in Germany, ramps of demand for their new products.
If true, expect to see release of iPad3 in Germany pushed forward -- say release of iPad3 in Germany at same time as in the US.
If Apple is ready to push out iPad3 without the offending technology, and iPhone 4S does not use the 3G technology then maybe Apple just loses about a month of sales in Germany, ramps of demand for their new products.
If true, expect to see release of iPad3 in Germany pushed forward -- say release of iPad3 in Germany at same time as in the US.
Similar to the Samsung injunction last year, it only affected Samsung Germany so Samsung used their Dutch subsidiary to fill the market.
Last year you were claiming that was a major win for Apple (which of course it never was), yet according to you now its 'business as usual' as its Apple on the receiving end.
Your rabid Apple short-sightedness knows no bounds.
No not for past infringements, which is why I said they'll have to pay for infringing...
What's going to happen is, Motorola is going to demand an extravagant amount for past infringements, a judge is going to rule that it's an extravagant amount and penalize Apple another amount or Moto/Apple will settle, Motorola is going to be forced to license the FRAND patents in a fair, reasonable non-discriminatory way to Apple, and then Apple will continue making billions of dollars.
No biggie.