Linked by Thom Holwerda on Sat 5th Nov 2011 00:46 UTC
Legal Why oh why does big news always break when I'm already in bed? This is a big one, guys: Motorola has been granted an injunction in Germany against Apple, which, as far as we can tell right now, covers Apple's entire portfolio of mobile products. Motorola can enforce this injunction, barring all of Apple's mobile products from the German market. In addition, Apple has to pay Motorola damages from 2003 and onwards. Update: Apple has responded (see Engadget article linked to above): "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time." At this time huh? Huh.
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RE[2]: Comment by frderi
by jackeebleu on Sat 5th Nov 2011 03:54 UTC in reply to "RE: Comment by frderi"
jackeebleu
Member since:
2006-01-26

Thom, go back to bed with your lazy reporting. You can speak to the doc Florian Mueller produced but can't speak to the article he wrote to accompany it? WTF? Skewing the view maybe?

Florian wrote, "Apple wouldn't be the first defendant in Germany to pursue a tactic called "Flucht in die Säumnis" ("resorting to a default judgment"). Many defendants play this game after they have failed (for their own fault) to meet a deadline for an answer to a complaint. In that case, the problem they face is that any arguments they'd have liked to present would no longer be admissible if presented only at the time of a hearing (on the grounds of being untimely). By simply letting the plaintiff win a default judgment, a defendant preserves his ability to present all of his arguments in the appeal. But this has cost implications (which are less than secondary in this case given what's at stake) and comes with the risk of a default judgment that is preliminarily enforceable."

Also, Apple responded to the story advising, " We just got the following statement from Apple regarding the ruling:
"This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time."
So, it appears our iDevice-loving German friends have nothing to worry about, at least for now."


So please Thom, tell the whole story in its proper context, or just simply take yourself back to bed.

Edited 2011-11-05 04:10 UTC

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