A German court has ruled against Apple in a lawsuit brought by Motorola Mobility alleging that the iPad and iPhone infringe a Motorola-held patent related to packet data technology.
The court in Mannheim has granted Motorola’s request for an injunction on the sales of the iPad and iPhone in Germany by Apple’s Ireland-based European sales company, Apple Sales International. To enforce the injunction, Motorola Mobility has to pay about EUR100 million (US$133.8 million) as bond. Apple, which has other patent infringement cases pending in Germany, said it plans to appeal.
According to FOSS Patents’ Florian Mueller, the ruling also includes the provision of damages, the amount of which will be determined after Apple provides information on the previous sale of the patent-infringing products in Germany.
“We are pleased with the court’s ruling. Today’s decision validates Motorola Mobility’s efforts to enforce its patents against Apple’s infringement,” senior VP and general counsel of Motorola Mobility, Scott Offer, said in a statement. “We have been negotiating with Apple and offering them reasonable licensing terms and conditions since 2007, and will continue our efforts to resolve our global patent dispute as soon as practicable,” he added.
Mueller said Apple's appeal is likely to take place in the Karlsruhe Higher Regional Court and include a request for a stay of the sales injunction until the appeal decision is known.
The preliminary ruling was the result of a lawsuit filed by Motorola Mobility in April 2011. A default ruling against Apple regarding two Motorola Mobility patents reached last month by the same court will be rediscussed at a second hearing in February. The default ruling appeared to be made due to Apple failing to defend itself.