Despite a preliminary injunction granted Motorola Mobility on Friday, Apple continues to sell products in Germany. The tech giant has a two-week window until it must argue why a court’s default judgement should be reversed, averting the possible stop of retail and online sales in the nation.
Friday’s injunction was a default judgement due to the company not responding to Motorola’s allegations in time. As the FOSS Patents legal site notes: “a company with Apple’s quality and quantity of resources is less likely to fail to defend itself properly than to make a default judgment part of some tactical plan.” The reasoning? Apple can reverse the court’s decision by just providing the court a sufficient argument.
However, if the court once more sides with Motorola, Apple’s parent company, Apple Inc., could be facing some heavy retroactive penalties for selling iPhones and iPads in the interim. An open question if the injunction stands is whether Apple’s German operations will be hurt, since the court’s order is aimed at the corporate headquarters, not the company’s affiliate. One camp believes Apple Germany could continue selling iProducts, despite the sanction against the corporate parent. But since Apple Inc. supplies its German affiliate, would the injunction also reach sales to consumers in the European nation?
We should have a clearer picture of the possible ramifications in two weeks, when Apple must provide its defense.