Apple wins preliminary sales ban on Motorola phones and tablets in Germany

Apple could enforce the injunction if it pays a bond of €25 million, the court said

Apple won a preliminary sales ban on Motorola phones and tablets in Germany on Thursday when the regional court of Munich ruled that Motorola infringes on a touchscreen-related patent, a spokeswoman for the court said.

Apple sued Google-owned Motorola Mobility for infringing on its "list scrolling and document translation, scaling, and rotation on a touchscreen display" patent, said Stefanie Ruhwinkel, spokeswoman for the Munich court. The patent is also known as the "overscroll bounce" or "rubber band" patent and allows pages, documents or photos on touchscreen devices to scroll past their boundaries and bounce back when users release their fingers from the screen.

The Munich court ruled that Motorola Mobility infringes on the patent with its smartphones and tablet computers, said Ruhwinkel. Infringing devices include the Motorola Milestone XT720, the Motorola DEFY, the Motorola Atrix and Motorola XOOM, which all use the Android OS.

Motorola is not allowed to use the patent in Germany, said Ruhwinkel, "so you could call it a sales ban."

Besides an injunction, Apple also demanded that Motorola disclose its sales figures in the German market so the damages of the infringement could be calculated. It also demanded a recall of all the infringing products from the distribution channel and that devices be destroyed. All of Apple's demands were "granted in full" by the court, said Ruhwinkel.

The destruction of the devices "is to make sure they won't be sold again," she said. Consumers don't have to worry that their devices will be destroyed, she added. "They are not convicted, Motorola is."

The verdict, however, is not yet final. The judge granted Apple a preliminary injunction. Apple could enforce the injunction if it posts a bond of ¬25 million (US$32 million), if Motorola Mobility decides not to appeal the verdict or if the appeals court confirms the verdict, said Ruhwinkel.

Motorola could also decide to change the software used in its products and work around the infringement, which is what Samsung did last year.

It remains unclear what is going to happen next. Apple spokesman Alan Hely said in an email that he had no "specific comment on today's decision." Motorola did not immediately reply to an emailed request for comment.

Loek covers all things tech for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Loek Essers

IDG News Service
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?