Apple Loses to Motorola in Germany Over Patent

Motorola won a preliminary injunction against Apple on Friday after complaining that the Cupertino, Calif.-based company had failed to license one of its wireless intellectual properties.

According to Tech Crunch, a German court ruled that all iPhones up to the iPhone 4S and both 3G iPads infringe on a Motorola patent (European Patent 1010336) that covers a “method for performing countdown function during a mobile-originated transfer for a packet radio system.”

The BBC reports that now Motorola could try to make Apple remove the feature from its products or stop sales in Germany altogether.

If Motorola did choose to file a sales injunction against Apple, Apple would be able to receive €100 million bond, which would cover any damages incurred during the injunction, should Apple get this ruling overturned down the road.

Motorola Mobility’s senior vice-president and general counsel, Scott Offer, said, “We will continue to take all necessary steps to protect our intellectual property, as the company's patent portfolio and licensing agreements with companies both in the US and around the world are critical to our business.”

In a statement, Apple said, “We're going to appeal the court's ruling right away. Holiday shoppers in Germany should have no problem finding the iPad or iPhone they want."