I'm curious as to what would happen if nobody in Germany could purchase Apple products. There's a part of me that WANTS to see a widespread revolt against Motorola. There's nothing like a few angry mobs to get someone's full-blown attention.
You mean like Apple had Samsung products banned in Germany? Are you forgetting Apple are the ones who started these ridiculous patent cases?
In the case of Apple because there are plans inside plans inside plans.
in the case of Motorola, because they are incompetents
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Reading that, its not hard to see why a lot of us are sickened by Apple's approach. They use other people's tech all the time, but turn around and sue other people who follow industry standards. They are a bunch of trolls and I hope Google/Moto/Samsung/Microsoft makes them a minority player again in the coming decade as they were in the 80's and 90's.
A fair price and reasonable price is still a price. And it seems that Apple did not pay up. So I guess Moto want's the money they are entitled to.
So far it hasn't affected the stock price, so I'm guessing its impact is minor. We don't really know what Motorola's intended remedy is, either, since they seem to be acknowledging the patents are FRAND.
Still, it seems odd that Apple would let a default judgment pass while fighting an identical case against their other subsidiary. It sounds like either something strategic, or a technical screw up by their lawyers (albeit one easily fixed).
From Day 1 Apple has made it their business to turn litigation into a science. Their business model revolves around 1) amassing IP and 2) using the courts to enforce it at every turn.
Definitely.You mean like Apple had Samsung products banned in Germany? Are you forgetting Apple are the ones who started these ridiculous patent cases?
Seriously, ask yourself which company is more likely to be incompetent - Apple or Motorola?
Do you really think maybe Apple just forgot about the lawsuit? Someone just dropped the ball on that? Maybe they were using MobileMe and the calendar event didn't sync?
It's more than that. Apple's DNA was that of Jobs. And Jobs had deep rooted feelings of betrayal since birth,
The deal hasn't closed yet. Legally, they can't do Google's bidding quite yet, though I'm sure they won't do anything inconsistent with it. Also, Google needs to tread carefully with Motorola Mobility to avoid antitrust concerns of their own.
You mean like Apple had Samsung products banned in Germany? Are you forgetting Apple are the ones who started these ridiculous patent cases?
Anyone who says it's "totally symbolic" is just plain wrong. Yes, just plain wrong.
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Whatever is going on in that case (apart from the default judgment, nothing is publicly known), Apple apparently had a problem with defending itself on a timely basis in this particular litigation.
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And with Apple not having managed to answer the complaint in time, there must be something about this lawsuit that poses a substantive challenge to Apple.
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The ruling relates to "offering" the accused products. Apple's German web domain is apple.de. If you navigate to apple.de, it automatically redirects you to www.apple.com/de/. Not only is the apple.com domain obviously registered in Apple Inc.'s name but even the German apple.de domain belongs to Apple Inc. in Cupertino, and the German subsidiary, Apple GmbH, is only stated as an "administrative contact".
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In formalistic terms, Apple GmbH is a separate legal entity from Apple Inc. However, in practical business terms there's no doubt that Apple GmbH is under the total control of Apple Inc. Whatever Apple GmbH does, Motorola Mobility can try to argue that it acts at Apple Inc.'s direction. Whether they could prove it is another question -- but it's not like there's no risk involved.
Again, think about the German Galaxy Tab 10.1 injunction: as far as the territory of Germany is concerned, it's a ruling against both Samsung Korea and the German subsidiary. But Samsung has subsidiaries in various other EU countries. Does anyone seriously believe that Apple would accept it if Samsung said, "well, those 10,000 Galaxy Tabs that were shipped to Germany were just sold by our Dutch subsidiary and we (Samsung Korea and Samsung Germany) don't have hand in it"? Obviously, Apple would argue that Samsung Korea acts in contempt by using subsidiaries in other countries to do the very thing that the injunction prohibits. Apple would certainly try to hold the parent company responsible for its wholly-owned subsidiaries.
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And now a very important point: even if one wanted to argue that Apple GmbH can sell whatever products it has, how can Apple GmbH receive any new shipments in the future under that injunction?
The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.
I think this would allow Apple to show that Moto is using their FRAND patents to harm them ... and that then Moto risk having them taken away ...
Reading that, its not hard to see why a lot of us are sickened by Apple's approach. They use other people's tech all the time, but turn around and sue other people who follow industry standards. They are a bunch of trolls and I hope Google/Moto/Samsung/Microsoft makes them a minority player again in the coming decade as they were in the 80's and 90's.
You mean like Apple had Samsung products banned in Germany? Are you forgetting Apple are the ones who started these ridiculous patent cases?
There are a lot of "if's" to say "ultimately it will be overturned". Why is so sure that Samsung case will be invalidated?
It has not copied a product directly from another competitor like both Google and Samsung have done. And on top of all this Eric Schmidt testifies before Congress claiming that Apple is threatening the industry? That's like the thief calling the victim a bully.
because of the misuse of FRAND patents. If the EU like the US stand for anything is to encourage a free market to flourish. Allowing any limitation of a free market stifles competition and ultimately innovation and the revenue streams that result and warranted by fair non-discriminatory licensing agreements. Truth is, under FRAND Moto has to license the technology or run the risk of a antitrust violation.
because of the misuse of FRAND patents. If the EU like the US stand for anything is to encourage a free market to flourish. Allowing any limitation of a free market stifles competition and ultimately innovation and the revenue streams that result and warranted by fair non-discriminatory licensing agreements. Truth is, under FRAND Moto has to license the technology or run the risk of a antitrust violation.
The EU has taken the action I am implying before and they are currently investigating samsung over the same type of misuse of FRAND patents I imply.
There are not many ifs here because there has been prior precedent set to warrant the conclusion I am reaching, WHICH INVOLVE ANTITRUST VIOLATIONS.
Besides the basic of explanations points to new evidence being presented by Apple on appeal that challenges the heart of the Moto case...Again FRAND violations.
That's why I think the Moto case will be overturned on appeal. Which is not a "if" it will happen, but a matter of "when it will happen."
So while Moto can ban Apple products in Germany, Apple doesn't actually sell anything to ban....
So whats the thing to be proud about. What an accomplishment..![]()
Agreed. They're becoming patent trolls.Reading that, its not hard to see why a lot of us are sickened by Apple's approach. They use other people's tech all the time, but turn around and sue other people who follow industry standards. They are a bunch of trolls and I hope Google/Moto/Samsung/Microsoft makes them a minority player again in the coming decade as they were in the 80's and 90's.