IPCom's $2 Billion Patent Lawsuit Against Apple Dismissed by German Court

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Feb 28, 2014.

  1. MacRumors macrumors bot


    Apr 12, 2001

    German patent licensing company IPCom was handed a setback today when both of its patent infringement lawsuits against Apple were dismissed in a German court, reports FOSS Patents. The decisions were handed down by two different chambers within the Mannheim Regional Court.
    The patents cited in the dismissed lawsuits include European patent EP1841268 and German patent DE19910239, which describe methods of managing priority emergency access when wireless networks are overloaded. Apple, Nokia, HTC and others asked the European Patent Office to invalidate the European patent, but the EPO denied this request.
    IPCom is expected to appeal these decisions, while Apple and other mobile manufacturers likely will continue to challenge the validity of this patent. Outside of Germany, Apple is petitioning both the [url="

    Article Link: IPCom's $2 Billion Patent Lawsuit Against Apple Dismissed by German Court
  2. musika macrumors 65816


    Sep 2, 2010
    New York
  3. maflynn Moderator


    Staff Member

    May 3, 2009
    In general its good to see this, I'm tired of patent trolls reaping millions of dollars for no reason other then fear
  4. JacinTatt macrumors member

    Jun 12, 2012
    Looks like everything is patented these days. I'd give a thumbs down, but I don't want to be sued for patent infringement.
  5. Mr. Retrofire macrumors 601

    Mr. Retrofire

    Mar 2, 2010
    The EU legislative is not happy about the patent trolls. So this lawsuit has no chance of success in the EU.
  6. gnasher729 macrumors P6


    Nov 25, 2005
    Not common sense really, but facts.

    IPCom accused both Apple and HTC of infringing on a patent. The obvious defenses are: 1. The patent is not valid. 2. We are not actually infringing on the patent (we don't do what the patent says). 3. We have the right to use this patent. 4. Payment for using the patent should be lower than what IPCom requests.

    A good lawyer will probably claim each defense if it can be done reasonably. Apple and HTC tried defense (1) but have failed so far. But they also tried defense (2) and have succeeded. I bet they argued (4) as well; I think that happened in Microsoft vs. Google where $4 billion were reduced to $10 million (plus cost assigned to Google if I remember correctly so they actually lost money).
  7. sulpfiction macrumors 68030


    Aug 16, 2011
    Philadelphia Area
    Totally sick of seeing these patent lawsuits....Legit or not!
  8. TheRealTVGuy macrumors 6502a


    Jul 21, 2010
    Orlando, FL
    It's interesting to me that the networks can prioritize emergency access. Instead of working on iOS jailbreaks, why can't the development community focus on a hack that makes my phone appear as a priority 1 device. THAT would actually interest me.

    While we're at it, instead of stealing credit card info from Target, why can't we convince these Russian kids to figure out a way to hack into and corrupt all the data (including server backups) from Experian and the other credit firms?

    That would entertain them, and help everyone out. It's a win-win! I think...
  9. 69Mustang macrumors 601


    Jan 7, 2014
    In between a rock and a hard place
    Not sure if serious.:confused: Are you saying criminal activity is okay as long as it benefits you?

    On topic from OP: "Outside of Germany, Apple is petitioning both the U.S. Supreme Court and the EU to limit the power of patent holding companies like IPCom in future infringement cases."

    What does this mean for Rockstar Consortium?
  10. keterboy Guest


    Jan 22, 2014
    Earth's Core
    Apple 1 : 0 Patent Troll

    *pops champagne*

  11. gnasher729 macrumors P6


    Nov 25, 2005
    It's quite common for companies (and people) to argue against things that they are doing themselves. It's like complaining that people rush to get on a bus instead of getting into an orderly queue; you still do the same because if you are the only one forming a queue, the bus leaves without you.
  12. apolloa macrumors G3


    Oct 21, 2008
    Time, because it rules EVERYTHING!
    Apple is petitioning both the U.S. Supreme Court and the EU to limit the power of patent holding companies like IPCom in future infringement cases.

    hahahahahaha yet Apple deems it entirely fine to patent a shape or colour based on some drawings....

    Anyway, as for the patent in the article, tricky one, on the one hand the patent owners deserve their fees, on the other considering just how important and life saving the feature is, it should be made free and patent free no?
  13. AngerDanger, Feb 28, 2014
    Last edited: Feb 28, 2014

    AngerDanger macrumors 68030


    Dec 9, 2008
    I just hope I'm not infringing any patents by performing mitosis wth the cells I'm made of.

  14. ravenstar macrumors member

    Jan 12, 2005
    This is as empty an argument as the US Government tried to make against Apple for using existing tax laws to avoid paying more taxes. Apple or any other company can recognize and argue that the current patent system is unreasonable or unfair, while at the same time playing by the same rules as everyone else.

    I have a certain amount of admiration for a company willing to make a sincere case that the very rules it's taking advantage of are unfair and should be changed. That doesn't mean they should refuse the play the game and let everyone else walk all over them until the landscape changes.
  15. gnasher729 macrumors P6


    Nov 25, 2005
    Apparently the patent owners do _not_ deserve any license fees, because Apple and HTC proved that they are not actually using the technology described in the patent. You could argue that similar to standard essential patents, perhaps there should be special rules for patents where the use of the patent leads to substantial benefits for society, not just a competitive advantage for the company using it.
  16. kdarling macrumors demi-god


    Jun 9, 2007
    Cabin by a lake
    To have connection priority in the USA, your phone must be registered with the national Wireless Priority Service (WPS). WPS is typically reserved for emergency officials.

    Yet even WPS cannot bump anyone already using a connection. It simply puts the person in the front of the queue for the next free slot.

    The lack of bump-someone-else priority for such calls is why it's so important for people to stay off their phones during an emergency, so 911 and official calls can go through quickly.

    (There are plans to add true priority, but I do not know if they have been implemented yet.)
  17. bengst macrumors member


    Jan 15, 2008
    Malang, East Java - ID
    They should do it in Texas..
  18. PaulRustad007 macrumors regular


    Jun 3, 2015
    Yes, that 'thumbs' down was patented in AD 79 by the Roman Emperor, to be used exclusively at the Colosseum.
  19. Wowereit macrumors 6502a

    Feb 1, 2016
    Filing billion dollar lawsuits in Germany isn't the best idea.
    Compensations usually aren't as high as in the US.

    But we are only talking about a Landgericht, there are at least 2 court instances left.
  20. mi7chy macrumors 68040


    Oct 24, 2014
    Incompetent US courts can learn from the Germans.

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