Motorola Wins Injunction against iCloud, No More 3G Devices in German Online Apple Stores (UPDATED)
Yesterday morning, Germany’s Mannheim Regional Court passed a permanent judgment in favor of Motorola, hence stripping off one of the very important services offered by iCloud. Motorola has won a ruling (that was filed in April 2011) against iCloud’s data pushing services and any devices that use it (except iPhone 4S). The copyright covered “multiple pager status synchronization system and method”.
As Florian Mueller of FOSS Patents says, the suit is not applicable to Apple all over Europe, but in Germany only. Apple can run iCloud services with “push email services” intact, however, if Motorola chooses to enforce the ruling, it can shut down the service whenever it wants. In fact, apart from iCloud, MobileMe and all other devices that utilize push services have been affected by this injunction. This “push email” service enables a user to receive emails almost instantly by pushing new data to the concerned device as soon as it reaches the server.

According to Florian Mueller, Apple would probably file an appeal with Karlsruhe Higher Regional Court because the judgment is “preliminarily enforceable” (though permanent). Motorola has the power to enforce the decision if it posts a bond of 100 million euros. However, in case Moto looses the case in appealed court, it will have to pay for all damages made to Apple.
As Motorola Mobility works under Google now, Moto will probably force Apple to seize push email services, hence forcing German iCloud users to switch to other similar services or reconfigure their email clients.
UPDATE 1: As we thought, Apple has been forced to withdraw offering all 3G devices (except iPhone 4S) from online stores of Apple in Germany. iPhone 3G, iPhone 3GS, iPhone 4 and all 3G/UMTS-enabled iPads have been removed from the store.

UPDATE 2: Apple has made a statement regarding the entire issue. It said it had plans to appeal court’s iCloud-related ruling and explained why the products have been removed from online store. In its words “Apple believes this old pager patent is invalid and we’re appealing the courts decision. While some iPad and iPhone models are not available through Apple’s online store in Germany right now, customers should have no problem finding them at one of our retail stores or an authorized reseller. Apple is appealing this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
UPDATE 3: It seems Apple’s appeal has been heard already. It overturned iPhone and iPad sales ban imposed by Motorola in Germany as appeal court lifted the ban after Apple made a proposal of new license payment. As patents are FRAND (Fair, Reasonable, and Non-Discriminatory) in nature, Apple can buy licensing rights to those patents at market rates. Apple said that Motorola Mobility never offered these terms before it. According to Mueller, this kind of suspension is possible only through a bond. As Apple has a lot of money, it easily obtained and posted a bond worth almost $158 million.
According to Slashgear, “Apple has been granted a suspension of the German injunction against 3G-enabled iOS devices, with the iPad WiFi + 3G, iPhone 4 and other gadgets back on sale through the company’s online store. All iPad and iPhone models will be back on sale through Apple’s online store in Germany shortly” the company told us in a statement. Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
All removed devices are available on Apple’s online store in Germany once again. However, Motorola has hinted that it will try to restore the ban.











