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Old 12-09-2011, 05:39 PM   #1
CyGuy
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iOS Devices [mod: might be] Banned in Europe [mod: Germany]

http://gizmodo.com/5866646/motorola-...st-ios-devices

"Apple just found itself on the receiving-end of some legal hurt. Motorola has successfully sued Apple in Germany, paving the way for a Europe-wide sales ban on basically all iOS devices..."

Last edited by CyGuy; 12-09-2011 at 05:45 PM.
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Old 12-09-2011, 05:52 PM   #2
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So how much will a refurbished etch-a-sketch be going for after all the tablets aren't for sale in Europe.
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Old 12-09-2011, 05:54 PM   #3
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Can't we all just get along?

No? Oh. Well, carry on then.
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Old 12-09-2011, 06:12 PM   #4
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Quote:
Originally Posted by CyGuy View Post
http://gizmodo.com/5866646/motorola-...st-ios-devices

"Apple just found itself on the receiving-end of some legal hurt. Motorola has successfully sued Apple in Germany, paving the way for a Europe-wide sales ban on basically all iOS devices..."
Of course, if you read the source material then you'll also find that the patent is on included in the FRAND arrangements that set payments at a fair and reasonable level which Motorola have done with existing licensees but in Apple's case wanted to charge them far higher than other licensees... guess what, Apple were not happy and have consistently tried to arrange fair licensing in line with the rates others are charged... and this is only the start of things being the outcome of one regional court in Germany (which, contrary to some views, isn't Europe just part of it) and has absolutely no legal effect in the rest of Europe, there are many more years of legal action and happy lawyers to come...
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Old 12-09-2011, 06:33 PM   #5
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Quote:
Originally Posted by elcreative View Post
Of course, if you read the source material then you'll also find that the patent is on included in the FRAND arrangements that set payments at a fair and reasonable level which Motorola have done with existing licensees but in Apple's case wanted to charge them far higher than other licensees... guess what, Apple were not happy and have consistently tried to arrange fair licensing in line with the rates others are charged... and this is only the start of things being the outcome of one regional court in Germany (which, contrary to some views, isn't Europe just part of it) and has absolutely no legal effect in the rest of Europe, there are many more years of legal action and happy lawyers to come...
Maybe iPple can find more sympathy in the courts if it gives up on the absurd claim it owns rounded rectangles.

Given iPple's behavior in the market, there are zero charges that could be brought against them that should be considered to absurd to have merit.

No, everybody does not do it, it isn't "just business", and in the end they are reaping what was sown.
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Old 12-09-2011, 06:45 PM   #6
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Can someone please clarify: what iOS devices have been banned in Europe, as the thread title claims?
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Old 12-09-2011, 07:29 PM   #7
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Quote:
Originally Posted by HarryT View Post
Can someone please clarify: what iOS devices have been banned in Europe, as the thread title claims?
Article says, "This grants them an injunction against all of the products which infringe. No big deal, that only includes the iPhone, iPhone 3G, iPhone 3GS, iPhone 4, the original iPad 3G and iPad 2 3G. Oh damn. And if you're feeling smug because you didn't see the iPhone 4S in there, that's only because the lawsuit was filed back in April, but it's a pretty safe bet that the 4S includes the offending technology, too. Needless to say, this is potentially a major blow to Apple."

Seems to be in Germany only, but the article says it's "paving the way" for a Europe-wide ban. More technical article at http://fosspatents.blogspot.com/2011...an-patent.html ; the infringement relates to a patent for a "method for performing a countdown function during a mobile-originated transfer for a packet radio system".

Actual ruling: http://www.scribd.com/doc/75208713/1...-Against-Apple
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Old 12-09-2011, 08:31 PM   #8
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Quote:
Originally Posted by HarryT View Post
Can someone please clarify: what iOS devices have been banned in Europe, as the thread title claims?
NONE - as I said earlier, Germany isn't Europe and this judgement is only related to one low level regional court... check out the more accurate reports on the BBC Technology area if you're interested...
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Old 12-09-2011, 09:37 PM   #9
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Quote:
Originally Posted by elcreative View Post
Of course, if you read the source material then you'll also find that the patent is on included in the FRAND arrangements that set payments at a fair and reasonable level which Motorola have done with existing licensees but in Apple's case wanted to charge them far higher than other licensees... guess what, Apple were not happy and have consistently tried to arrange fair licensing in line with the rates others are charged... and this is only the start of things being the outcome of one regional court in Germany (which, contrary to some views, isn't Europe just part of it) and has absolutely no legal effect in the rest of Europe, there are many more years of legal action and happy lawyers to come...
What I read is that Apple tried to license these FRAND items with a condition, which is illegal and allowed Moto to decline and sue for infringement.

Source
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Old 12-09-2011, 10:07 PM   #10
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What I read is that Apple tried to license these FRAND items with a condition, which is illegal and allowed Moto to decline and sue for infringement.

Source
Yes, the condition being that they wanted to pay the same Frand rates as everyone else whilst Motorola want to charge Apple several times more than everyone else... Apple also wanted to be able to continue with a challenge to the validity of the patent but Motorola want to get paid with a non-challenge built-in... seems very fair but of course as it's Apple it's entirely fair to to make 'em pay more than anyone else and not be allowed to have the validity tested... more detailed explanations available through other sources such as BBC Technology...
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Old 12-09-2011, 10:39 PM   #11
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Maybe iPple can find more sympathy in the courts if it gives up on the absurd claim it owns rounded rectangles.
A claim they have never made.

But, hey, it's Apple, so people can make up whatever they want about them.
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Old 12-09-2011, 11:07 PM   #12
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I paid apple to watch these fight dramas.

Carry on...
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Old 12-10-2011, 02:21 AM   #13
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A claim they have never made.
from: mobileread.com/forums/showthread.php?t=159932

'Front surfaces that are not rectangular, not flat, and without rounded corners'

This sounds exactly like the same as claiming it.
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Old 12-10-2011, 09:10 AM   #14
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A claim they have never made.
Oh, yeah, Apple never claimed rectangle with rounded corners (that' what the whole "community design" was about by the way) and that's why their helpful suggestions how to not infringe sound like (no, not a joke):
  • Front surfaces that are not rectangular, not flat, and without rounded corners
  • Display screens that are more square than rectangular or not rectangular at all

full story here on MR.

PS
Oh, didn't see vbkun's comment.

Quote:
Originally Posted by elcreative View Post
Yes, the condition being that they wanted to pay the same Frand rates as everyone else whilst Motorola want to charge Apple several times more than everyone else...
Yet court sided with Motorola, which makes me wonder, what is the source of the "asked several times more" than it could legally ask?

Last edited by kartu; 12-10-2011 at 09:12 AM.
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Old 12-10-2011, 11:26 AM   #15
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Oh, yeah, Apple never claimed rectangle with rounded corners (that' what the whole "community design" was about by the way) and that's why their helpful suggestions how to not infringe sound like (no, not a joke):
  • Front surfaces that are not rectangular, not flat, and without rounded corners
  • Display screens that are more square than rectangular or not rectangular at all

full story here on MR.

PS
Oh, didn't see vbkun's comment.


Yet court sided with Motorola, which makes me wonder, what is the source of the "asked several times more" than it could legally ask?
The same as the source of all the other comments round here... THE INTERNET... how difficult is it to do a bit or searching on the web especially as I've repeatedly said (as one example) BBC TECHNOLOGY, it's not exactly difficult to find... why is everyone to damn lazy to do a SIMPLE Google if they doubt what someone says, why do they always expect someone else to do the damn work for them if they are the ones dissatisfied???
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