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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The truth of the matter...
by Joy_Division_Lives! on Sat 5th Nov 2011 15:57 UTC
Joy_Division_Lives!
Member since:
2011-07-29

From AppleInsider:

"Apple has responded with the following statement: 'This is a procedural issue that has nothing to do with the merits of the case. This does not affect our ability to sell products or do business in Germany at this time.' The Verge reports that Motorola had filed two separate suits against Apple Inc. and Apple Germany. The iPhone maker apparently let the Apple Inc. complaint slide because it doesn't sell any products under that organization."

Reply Score: 1

Thom_Holwerda Member since:
2005-06-29

From AppleInsider:

"Apple has responded with the following statement: 'This is a procedural issue that has nothing to do with the merits of the case. This does not affect our ability to sell products or do business in Germany at this time.' The Verge reports that Motorola had filed two separate suits against Apple Inc. and Apple Germany. The iPhone maker apparently let the Apple Inc. complaint slide because it doesn't sell any products under that organization."


...and yet, Mueller refutes this. Considering Mueller's general pro-Apple stance, this says something.

The issue is this: the difference between the two entities may not be all that meaningful, since we're talking a wholly owned subsidiary here. Just as Apple would protest against Samsung Korea importing Tabs instead of Samsung Germany, so can Motorola make a similar point.

On top of that, guess who supplies Apple Germany. Bingo: Apple Inc. It is very well possible that the "at this time" refers to the stock Apple Germany still has. If the stock runs out, and Motorola enforces this ruling... Apple Inc. will not be able to supply Apple Germany.

Edited 2011-11-05 16:05 UTC

Reply Parent Score: 3

Joy_Division_Lives! Member since:
2011-07-29

On top of that, guess who supplies Apple Germany. Bingo: Apple Inc. It is very well possible that the "at this time" refers to the stock Apple Germany still has. If the stock runs out, and Motorola enforces this ruling... Apple Inc. will not be able to supply Apple Germany.


All due respect to Mr. Mueller, but don't you think that Apple has explored every angle of this scenario already? The fact that they chose not to respond and let it go to default, gives a good indication that they have a strategy they think will be successful. And...you say that Apple Inc. MAY not be able to supply Apple Germany IF the ruling was enforced. Well...is there anything preventing Apple UK or Apple France from supplying Apple Germany? It seems like Motorola would have to get an injunction against those other Apple subsidiaries as well. However, I don't know German law...but I'm throwing that out there.

Reply Parent Score: 2