Apple Told To Stop Selling Products In Germany Within Two Weeks… But Apple’s Unlikely To Comply

Apple Told To Stop Selling Products In Germany Within Two Weeks… But Apple’s Unlikely To Comply

Apple's Munich Store Photo by Vokabre - http://flic.kr/p/6SoES8

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.

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  • Lauff

    IMHO the two weeks time window does not protect Apple from panelties, because the court made the ruling provisionally enforceable (“vorlaufig vollstreckbar”). … 

  • Tim Meesseman

    All this will do is show record sales for the next two weeks as people clamor to beat the ban.

  • CharliK

    Not really a big deal because within another 24 hours Apple will have filed a suit or at least a motion to get the whole thing dropped due to Motorola’s abuse of FRAND covered patents. If not totally dropped then at least the injunction delayed until the court determines of the patents are under FRAND and if so whether Motorola abused them and violated FRAND rules by filing the suit against Apple. 

    and the court will approve the delay and it won’t matter that Motorola won it in the first place

  • morgan3nelson

    Great <sigh>

    Germany will now have a new reason to invade the surrounding European countries in an effort to buy iOS devices.

    World War III is upon us……</sigh>

  • sir1jaguar

    To all ifans…

    Personally, I hate this suing thing but as they kept on saying you need to protect what you own have…

    I own lots of APPLE products since 1985 but I also buying products from other companies like Sony,SAMSUNG,Bose,etc…

    If apple products will be ban in any country those imoron and istupid will cry foul even the case is more in innovation than just LOOK AND FEEL PATENT that apple used to SAMSUNG…

    SAMSUNG tablets & some smartphones are banned in Germany and Australia, those are big markets and millions hate the outcome of the case favor to apple…

    This is right, as the logic comes that if not for motorola who started the mobile phone in the world, you think apple exist now…it’s if there’s no seed, there’s no tree…

    LETS ACCEPT THE FACT, APPLE NEVER INVENTED ANYTHING – THEY JUST ENHANCED WHAT TECHNOLOGY WE HAD FROM THE PAST AND MARKET IT SO GREAT, I WILL GIVE IT TO APPLE THAT’S WHY IM BUYING THEIR PRODUCTS….

    So all imoron and izombie you need to balance everything not just defend APPLE even you know that this company steals, copy and bought other companies technology…

  • baby_Twitty

    It’s simple. Samsung needs to stop coming out with products that LOOKS SO DARN SIMILAR to Apple’s industrial design, interface, user-interaction, presentation style, etc etc…

    Was there ever a product that looks likes an iPhone/iPad before it first launched? No.

    Was there ever a product that looks almost like an iPhone & iPad in outward appearances and software designs, etc etc..? Yes – Samsung’s phones & tablets.

    Every modern consumer knows this fact. You have to be living in a FUCKING cave to deny this.

    In conclusion; Samsung has to STOP being a sissy copycat with its phone and tablets.
    End of.

About the author

Ed SutherlandEd Sutherland is a veteran technology journalist who first heard of Apple when they grew on trees, Yahoo was run out of a Stanford dorm and Google was an unknown upstart. Since then, Sutherland has covered the whole technology landscape, concentrating on tracking the trends and figuring out the finances of large (and small) technology companies.

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