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Apple v Motorola v Google

Apple have had to remove several iPad and iPhone models from the German online store, after Motorola Mobility forced a patent injunction against the shiny fruit maker.

Apple have apparently failed to license one of Motorola’s wireless intellectual properties. The knock on effect of this ruling is that iPhone users in Germany could face problems with their iCloud push email service after another patent victory by Motorola.

Apple are obviously going to appeal the ruling, however their are bigger ramifications at hand.

Google are in the middle of taking over Motorola, however the deal still has to be approved by the competition authorities. If Google get ownership of Motorola and their patents, it could prove a bigger problem for Apple. They already have a strained relationship, but with more patents in the Google arsenal, it could get hot n’ heavy in the coming years.

The current sales ban in Germany is tied into Motorola’s ownership over “a method for performing a countdown function using a mobile-organised transfer for a packet radio system.” You can read more on this over here.

Motorola do license their patents to other companies, based on Frand terms (fair, reasonable and non-discriminatory).

The BBC add “Frand-type patents involve technologies that are deemed to be part of an industry standard. In this case Motorola’s innovation is deemed crucial to the GPRS data transmission standard used by GSM cellular networks across the world.

Companies must offer Frand-type patents for a reasonable fee to anyone willing to pay.

Apple has said it would be willing to pay the fee going forward, but the two firms dispute how much Apple should pay for failing to license the technology up until now. Missed payments are not covered by the “reasonable” rule, and Motorola would be able to demand a more expensive price.”

Kitguru says: The battle is only just beginning.

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