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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Can a deal be made?
by Digsbo on Sat 5th Nov 2011 01:21 UTC
Digsbo
Member since:
2011-10-04

Is it at all possible Apple and Google could make a deal that would allow Samsung, Motorola, and Apple to all sell products in the market to interested customers? I want to believe yes, but my experience with IP lawyers says no.

The problem with corporate IP legal teams is that businesses can't calculate the opportunity losses of nonexistent markets due to stupid IP laws, finance managers are too short-sighted to be growth oriented, and the lawyers have a vested interest in companies paying them based on effective litigation instead of intelligently choosing not to litigate.

Reply Score: 3

RE: Can a deal be made?
by frderi on Sat 5th Nov 2011 01:36 in reply to "Can a deal be made?"
frderi Member since:
2011-06-17

Is it at all possible Apple and Google could make a deal that would allow Samsung, Motorola, and Apple to all sell products in the market to interested customers? I want to believe yes, but my experience with IP lawyers says no.


I don't think its up for the IP lawyers to make that call. Apple is set out to make innovative products themselves, not license their innovations to third parties, so I think its unlikely.

Reply Parent Score: 1

RE[2]: Can a deal be made?
by Digsbo on Sat 5th Nov 2011 14:15 in reply to "RE: Can a deal be made?"
Digsbo Member since:
2011-10-04

I probably wasn't clear on this, but my meaning was that rather than use litigation to prevent competition, they could mutually agree to not do so, and instead allow all players the chance to compete for customers in all markets.

Your point on licensing is a good one, but not what I was aiming at. Considering your idea, though, even makes it more compelling to allow competitors to sell with a reasonable licensing royalty. Samsung or Motorola having a nice phone that pays a small royalty to Apple for each sale doesn't necessarily mean Apple will see less revenue, and that kind of cost analysis often seems beyond the capabilities of small-minded finance directors and IP lawyers whose bonuses are based on things that are easier to measure.

Companies are made up of people, and the goals for specific individuals for a company (who may be influential in the corporate decision-making process) aren't always lined up with the best long-term interests of the larger company.

Reply Parent Score: 2