Apple wins battle in Motorola patent war

iPhone, iPad blocker unblocked, rules German court


A German court has ruled that Motorola Mobility can't enforce a patent-battle injunction it won in December that would have prevented Apple's iPhone and iPad from being sold in that country.

The injunction caused Apple to remove those products from its German online store earlier this month, only to put them back up within hours, after the courts issued a temporary suspension of that injunction.

Monday's ruling in an appeals court, in Karlsruhe, Germany, as reported by Bloomberg, goes a step further, saying that Motorola can't enforce the injunction while the case is under appeal – which may take a year or more.

At issue is a patent related to general packet radio services (GPRS) that's at the core to the development of 3G technology – so essential, in fact that the patent is legally defined as being a "standard essential patent", subject to FRAND (Fair, Reasonable and Non-Discriminatory) licensing conditions. Motorola must license it at reasonable terms to competitors – not to do so would violate antitrust laws.

"At the current state of the proceedings, it is to be assumed that Motorola Mobility would violate its duties under antitrust rules if it continues to ask Apple to stop the sales," Bloomberg reports that the Karlsruhe court said in a statement.

And so now Apple can continue to sell its iWares in Germany during the appeal, and also attempt to reach a FRAND licensing settlement with Motorola without the pressure of lost sales.

Do note, however, that this is just one patent dogfight in which Apple is contesting with the handset maker for which Google began acquisition proceedings last August. Another spat has led to Apple having to turn off iCloud push notifications, and that case is wholly separate and still in dispute.

While all this may seem a wee bit confusing, one thing is clear: if Google had planned to use its $12.5bn Motorola Mobility acquisition primarily to wield a big ol' patent stick, that cudgel just became a bit flaccid. ®


Other stories you might like

  • UK competition watchdog seeks to make mobile browsers, cloud gaming and payments more competitive
    Investigation could help end WebKit monoculture on iOS devices

    The United Kingdom's Competition and Markets Authority (CMA) on Friday said it intends to launch an investigation of Apple's and Google's market power with respect to mobile browsers and cloud gaming, and to take enforcement action against Google for its app store payment practices.

    "When it comes to how people use mobile phones, Apple and Google hold all the cards," said Andrea Coscelli, Chief Executive of the CMA, in a statement. "As good as many of their services and products are, their strong grip on mobile ecosystems allows them to shut out competitors, holding back the British tech sector and limiting choice."

    The decision to open a formal investigation follows the CMA's year-long study of the mobile ecosystem. The competition watchdog's findings have been published in a report that concludes Apple and Google have a duopoly that limits competition.

    Continue reading
  • How refactoring code in Safari's WebKit resurrected 'zombie' security bug
    Fixed in 2013, reinstated in 2016, exploited in the wild this year

    A security flaw in Apple's Safari web browser that was patched nine years ago was exploited in the wild again some months ago – a perfect example of a "zombie" vulnerability.

    That's a bug that's been patched, but for whatever reason can be abused all over again on up-to-date systems and devices – or a bug closely related to a patched one.

    In a write-up this month, Maddie Stone, a top researcher on Google's Project Zero team, shared details of a Safari vulnerability that folks realized in January this year was being exploited in the wild. This remote-code-execution flaw could be abused by a specially crafted website, for example, to run spyware on someone's device when viewed in their browser.

    Continue reading
  • Google has more reasons why it doesn't like antitrust law that affects Google
    It'll ruin Gmail, claims web ads giant

    Google has a fresh list of reasons why it opposes tech antitrust legislation making its way through Congress but, like others who've expressed discontent, the ad giant's complaints leave out mention of portions of the proposed law that address said gripes.

    The law bill in question is S.2992, the Senate version of the American Innovation and Choice Online Act (AICOA), which is closer than ever to getting votes in the House and Senate, which could see it advanced to President Biden's desk.

    AICOA prohibits tech companies above a certain size from favoring their own products and services over their competitors. It applies to businesses considered "critical trading partners," meaning the company controls access to a platform through which business users reach their customers. Google, Apple, Amazon, and Meta in one way or another seemingly fall under the scope of this US legislation. 

    Continue reading
  • Makers of ad blockers and browser privacy extensions fear the end is near
    Overhaul of Chrome add-ons set for January, Google says it's for all our own good

    Special report Seven months from now, assuming all goes as planned, Google Chrome will drop support for its legacy extension platform, known as Manifest v2 (Mv2). This is significant if you use a browser extension to, for instance, filter out certain kinds of content and safeguard your privacy.

    Google's Chrome Web Store is supposed to stop accepting Mv2 extension submissions sometime this month. As of January 2023, Chrome will stop running extensions created using Mv2, with limited exceptions for enterprise versions of Chrome operating under corporate policy. And by June 2023, even enterprise versions of Chrome will prevent Mv2 extensions from running.

    The anticipated result will be fewer extensions and less innovation, according to several extension developers.

    Continue reading
  • I was fired for blowing the whistle on cult's status in Google unit, says contractor
    The internet giant, a doomsday religious sect, and a lawsuit in Silicon Valley

    A former Google video producer has sued the internet giant alleging he was unfairly fired for blowing the whistle on a religious sect that had all but taken over his business unit. 

    The lawsuit demands a jury trial and financial restitution for "religious discrimination, wrongful termination, retaliation and related causes of action." It alleges Peter Lubbers, director of the Google Developer Studio (GDS) film group in which 34-year-old plaintiff Kevin Lloyd worked, is not only a member of The Fellowship of Friends, the exec was influential in growing the studio into a team that, in essence, funneled money back to the fellowship.

    In his complaint [PDF], filed in a California Superior Court in Silicon Valley, Lloyd lays down a case that he was fired for expressing concerns over the fellowship's influence at Google, specifically in the GDS. When these concerns were reported to a manager, Lloyd was told to drop the issue or risk losing his job, it is claimed. 

    Continue reading
  • Apple’s M2 chip isn’t a slam dunk, but it does point to the future
    The chip’s GPU and neural engine could overshadow Apple’s concession on CPU performance

    Analysis For all the pomp and circumstance surrounding Apple's move to homegrown silicon for Macs, the tech giant has admitted that the new M2 chip isn't quite the slam dunk that its predecessor was when compared to the latest from Apple's former CPU supplier, Intel.

    During its WWDC 2022 keynote Monday, Apple focused its high-level sales pitch for the M2 on claims that the chip is much more power efficient than Intel's latest laptop CPUs. But while doing so, the iPhone maker admitted that Intel has it beat, at least for now, when it comes to CPU performance.

    Apple laid this out clearly during the presentation when Johny Srouji, Apple's senior vice president of hardware technologies, said the M2's eight-core CPU will provide 87 percent of the peak performance of Intel's 12-core Core i7-1260P while using just a quarter of the rival chip's power.

    Continue reading
  • Workers win vote to form first-ever US Apple Store union
    Results set to be ratified by labor board by end of the week

    Workers at an Apple Store in Towson, Maryland have voted to form a union, making them the first of the iGiant's retail staff to do so in the United States.

    Out of 110 eligible voters, 65 employees voted in support of unionization versus 33 who voted against it. The organizing committee, known as the Coalition of Organized Retail Employees (CORE), has now filed to certify the results with America's National Labor Relations Board. Members joining this first-ever US Apple Store union will be represented by the International Association of Machinists and Aerospace Workers (IAM).

    "I applaud the courage displayed by CORE members at the Apple store in Towson for achieving this historic victory," IAM's international president Robert Martinez Jr said in a statement on Saturday. "They made a huge sacrifice for thousands of Apple employees across the nation who had all eyes on this election."

    Continue reading
  • End of the road for biz living off free G Suite legacy edition
    Firms accustomed to freebies miffed that web giant's largess doesn't last

    After offering free G Suite apps for more than a decade, Google next week plans to discontinue its legacy service – which hasn't been offered to new customers since 2012 – and force business users to transition to a paid subscription for the service's successor, Google Workspace.

    "For businesses, the G Suite legacy free edition will no longer be available after June 27, 2022," Google explains in its support document. "Your account will be automatically transitioned to a paid Google Workspace subscription where we continue to deliver new capabilities to help businesses transform the way they work."

    Small business owners who have relied on the G Suite legacy free edition aren't thrilled that they will have to pay for Workspace or migrate to a rival like Microsoft, which happens to be actively encouraging defectors. As noted by The New York Times on Monday, the approaching deadline has elicited complaints from small firms that bet on Google's cloud productivity apps in the 2006-2012 period and have enjoyed the lack of billing since then.

    Continue reading
  • Apple dev roundup: Weather data meets privacy, and other good stuff
    No AR/VR glasses but at least RoomPlan will let you make rapid 3D room maps

    WWDC Apple this week at its Worldwide Developer Conference delivered software development kits (SDKs) for beta versions of its iOS 16, iPadOS 16, macOS 13, tvOS 16, and watchOS 9 platforms.

    For developers sold on seeking permission from Apple to distribute their software and paying a portion of revenue for the privilege, it's a time to celebrate and harken to the message from the mothership.

    While the consumer-facing features in the company's various operating systems consist largely of incremental improvements like aesthetic and workflow enhancements, the developer APIs in the underlying code should prove more significant because they will allow programmers to build apps and functions that weren't previously possible. Many of the new capabilities are touched on in Apple's Platforms State of the Union presentation.

    Continue reading
  • Google offers $118m to settle gender discrimination lawsuit
    Don't even think about putting LaMDA on the compensation committee

    Google has promised to cough up $118 million to settle a years-long gender-discrimination class-action lawsuit that alleged the internet giant unfairly pays men more than women.

    The case, launched in 2017, was led by three women, Kelly Ellis, Holly Pease, and Kelli Wisuri, who filed a complaint alleging the search giant hires women in lower-paying positions compared to men despite them having the same qualifications. Female staff are also less likely to get promoted, it was claimed.

    Gender discrimination also exists within the same job tier, too, the complaint stated. Google was accused of paying women less than their male counterparts despite them doing the same work. The lawsuit was later upgraded to a class-action status when a fourth woman, Heidi Lamar, joined as a plaintiff. The class is said to cover more than 15,000 people.

    Continue reading

Biting the hand that feeds IT © 1998–2022