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Apple wins lawsuit from Motorola – phones / tablets to be destroyed?

Posted at 14 September 2012 18:08 CEST by Jan Willem Aldershoff

More Apple news today, as the company has won a patent lawsuit which might result in a sales ban for Motorola Mobility phones and tablets in Munich, Germany. Apple has also demanded from the judge that Motorola Mobility (recently acquired by Google) has to recall and destroy all infringing phones and tablets that are at distributors and in stores, the tech giant from Cupertino wants the devices to be destroyed so they can’t be sold again.

The patent that caused the dispute is the so called  ‘rubber-band patent’ from Apple. This patent covers how the screen bounces to indicate that you’ve scrolled to the end of a list.

Before, Apple already won a lawsuit in the United States against Samsung, where the latter has to pay a fine of $1 billion. Part of that lawsuit covered the same patent.  The ban is preliminary and Apple has to pay € 25 million to cover a permanent injunction for entire Germany,  €10 million more to have the infringing devices to be recalled and another € 10 million to enforce the destruction of the devices. But all only happens if Motorola doesn’t appeal or doesn’t win the appeal.

It’s likely that Motorola will make changes to the Android OS which replaces the functionality covered by the patent.  There is an alternative solution which has already been developed by Android developers, Motorola has just to make sure that their phones and tablets get this update.

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There are 9 comments

Susi999
MyCE Rookie
Posted on: 14 Sep 12 21:26
    Stop this stupid madness!
    Wombler
    Administrator & Reviewer
    Posted on: 14 Sep 12 23:44
      Hmmm.... This kind of sets new boundaries. Not content with damages Apple want their competitor's products destroyed as well.

      Ths seems excessive to me as they should either get the damages or the products destroyed, not both.


      Wombler
      Zod
      MyCE Resident
      Posted on: 15 Sep 12 02:05
        I think the patent stuff is getting out of control. The stuff that apple has patented is pretty lame, and I'm not sure why they were allowed patents on some of the stuff in the first place.

        No wonder the public has little respect for intellectual property rules.

        Apples has innovated alot of other companies ideas as well. Surely this is going to come back and bite them in the rear?
        darkalien74
        MyCE Rookie
        Posted on: 15 Sep 12 13:39
          Best way to take out competition... sue it for something...
          rexroach
          MyCE Member
          Posted on: 15 Sep 12 16:02
            the bounce thing is annoying anyway the new glow since 2.3 is more sensible
            Liggy
            Senior Administrator
            Posted on: 15 Sep 12 17:20
              Quote:
              Originally Posted by Zod
              I think the patent stuff is getting out of control.
              Cannot agree on that.

              The patent stuff got out of control lots of years ago already. But now with the public patent fights between Apple and their competitors, people become aware of what's going on here.
              ChristineBCW
              MyCE Die Hard
              Posted on: 15 Sep 12 18:09
                Will the Germans ship all this landfill to Cupertino, Calif so it can pollute THEIR acquifers and landscapes? Hire Erin Brockovich, too, and make sure Apple uses secure landfill barriers.
                BradWright
                MyCE Member
                Posted on: 16 Sep 12 02:02
                  I guess if Apple can't beat the Android competition (mostly Samsung) in the marketplace, they'll beat it in the liberal (mostly Californian and German) courts. Free markets be damned!

                  But does anyone actually buy iPhones anymore other than the people who already own iPhones? Every time Apple announces a new version, it's like they're yelling souie to come get it, so all the Apple fan boys and girls post their current iPhones for sale, and come a runnin'. And the funniest part is that (at least with the few people I know with iPhones) once they have that new one, they complain about the poor call quality, how easily they break, how rude the "geniuses" are at the Apple stores, etc., just like they did with the old one, but then run back yet again for the next new one as soon as it gets released. This whole Apple environment is crazy!
                  Steve33
                  MyCE Member
                  Posted on: 16 Sep 12 06:23
                    Quote:
                    Originally Posted by Zod
                    I think the patent stuff is getting out of control. The stuff that apple has patented is pretty lame, and I'm not sure why they were allowed patents on some of the stuff in the first place.

                    No wonder the public has little respect for intellectual property rules.

                    Apples has innovated alot of other companies ideas as well. Surely this is going to come back and bite them in the rear?
                    Patent and copyright laws are not rational anymore...given their long duration.

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