Apple May Legally Force Motorola To Destroy Their Phones

Apple May Legally Force Motorola To Destroy Their Phones

Germany has become quite the hotbed for patent lawsuits lately as it’s been in the spotlight for the Apple vs Motorola Mobility legal battle. As the legal war rages on, a new ruling has found that Motorola did indeed violate Apple’s EU Patent No. EP2059868 on a “portable electronic device for photo management”. The patent in question basically fixes over scrolling by bouncing the user back a bit once they’ve zoomed in too far, and even though this patent is software specific, it may have repercussions on Motorola’s hardware if they don’t come up with a fix quickly.

The injunction granted by the Munich I Regional Court gives Apple the ability to require Motorola to destroy any infringing products in the company’s possession in Germany. Apple can even force Motorola to recall all their patent infringing products from German retailers just so they can destroy them. Although the odds of this happening are very unlikely, it would be pretty awesome to watch a mountainous pile of Droid Bionics being burned in a city square. It’ll be like a 16th century witch hunt of evil Android phones that tried to steal their magical powers from Apple.

All is not lost for Motorola though. A simple software update can be sent to their infringing products to avoid any enforcement of the injunction, and that’s most likely what will happen. Apple still has a number of cases against Motorola and other handset manufacturers in courts across Europe, so it should be interesting to see how those companies adjust their legal strategies based on this latest ruling.

[via FOSS Patents]

  • Honey Badger

    Never gonna happen… At least not for something that can be resolved by a software update. I bet that would be tough to enforce for a hardware patent violation as well, but you never know.

  • ddevito

    Is that a picture of iPhone 4’s that were dumped by the iSheep to get the 4s?

  • Silent Phart

    Definitely not, because as you already know there is a huge demand for old iOS devices.  With that said that is clearly a pile of shitty Droid semi-smartphones full of stolen iOS features. 

    Keep up the trollin little guy.  This site wouldn’t be the same without phanphags like you sharing your iHate.

  • Honey Badger

    Even used iPhones are worth more than most new devices from their competition so I highly doubt it.

  • Mike Rathjen

    Ddevito, I remember a time when you provided valid and insightful contrary positions. You were against Apple, and you made some good points now and then.

    It’s pretty sad to see you now have nothing to offer but childish insults. I know you’re smarter than this and I hope to see you up your game by providing valid, constructive criticism.

  • ddevito

    True, but I get wrongly shut out and comments removed daily, and those are good comments. 

  • Mike Rathjen

    That’s unfortunate. It’s obviously getting personal and people are taking things too seriously.

  • Silent Phart

    You demonstrate (at times) that you have intelligence about the platforms, however your priority seems far more focused on iHate and the intelligent posts have become very rare.

    I’ll tell you what…if you start writing constructive comments, where it’s clear you’re willing for some “give and take” of opinions, I have no problem treating you like a non-troll.

  • ddevito

    Thank you, that’s all I can ask for.

  • Silent Phart

    I am looking forward to these lawsuits getting settled and/or an agreement to pay royalties back & forth for various IP between these companies so that we can move forward with lots of innovation and competition.  In fact I hope Windows phones turn out to be fairly impressive and provide more competition. 

    I say this because ddevito (or other driod enthusiasts) may be able to provide enough evidence of functionality (future or present) that may convince me to take another look at the Android platform…same thing for fans of Windows phones (if/when they get fans…I honestly haven’t followed their platform much yet).

    Competition is the best thing for us consumers.  In the end it should provide us with better products and a broader choice of phones that we’d consider.

    I have tried Android, I didn’t feel it was nearly as refined as iOS at the time, so I now only have a rooted Nook Color with Honeycomb loaded.  In a few months I may decide to upgrade to a tablet style device with Ice Cream Sandwich loaded so that I can see where the platform has progressed.

    Ddevito is correct in some of his rants…many iOS users are just blurting out what they read on the internet and don’t have ANY experience with the Droid platform (frustrating for him I am sure).  The same thing can be said about some Droid users who slam iOS.  For me, I have always wanted to have first-hand experience with a platform before being pompous enough to make claims on the internet about the pros and cons.  From what I recall with ddevito he has done the same and has a certain amount of knowledge and experience with iOS.

    I prefer to show respect towards anyone who has more than a superficial knowledge of a platform, when a debate begins.  However I also prefer to stop all discussions in order to flame a troll because that is never beneficial to a discussion either. 

    That’s my rambling for today.  Everyone enjoy their weekends.

  • ddevito

    it’s nice to see someone else use both platforms – in the end we all have to ask ourselves – do we HAVE to choose only one?

    I don’t know what’s worse these days, the iOS vs. Android flamethrowing or these patent lawsuits – at times it’s all the same. Yes, I thank you saying how some (being nice) iOS users just bash Android without really TRULY using it (not in a store for 2 mins or a friend’s phone). I myself pick up a friend’s or colleague’s Android phone in horror, wondering what they could have possibly done to make it so awful. lol

    The iOS vs Android debate may never end, and what’s funny is how both platforms are melding together before our eyes. Android has always been a functional powerhouse, but even I admit the days of running Eclair and Froyo weren’t filled with smoothness and speed. Gingerbread got better and lighter and now with a new phone on Ice Cream Sandwich my phone is very close to iOS in terms of smoothness and stability. 4.0 truly is a HUGE improvement, and there isn’t a doubt in my mind that the Android’s team newfound focus on performance was solely based on catching up to iOS. Who wins? Me, the consumer.

    As for iOS, it’s always been the poster boy for performance and speed, undoubtedly setting the bar and benchmarks for others to catch up. Here we are 5 years later and the Galaxy Nexus (some argue the Galaxy S II first) has (in my eyes) caught up to the iPhone. Steve Jobs was right all along. And unlike other “hemdroid” fanatics (lol) I fully understand I wouldn’t be using a Galaxy Nexus the way it is today if the iPhone was never invented. And there’s nothing wrong with that. But iOS had its limitations (I should know, I owned an iPhone 3G and found the lack of multitasking, video recording, etc a huge pain in the arse). So when iOS adds a drop-down notification drawer that resembles Android, who wins? YOU, the consumer. 

    In fact, you can go further and say I would have never used an Android if it wasn’t for the iPhone. Why? Because as an 8 year AT&T customer I couldn’t take their EDGE 2G data speeds (in my home town) any longer. It wasn’t until I owned an iPhone 3G did I care about data speed. That device changed my whole perspective on technology. Period. But it wasn’t all fun. I hated no multitasking, no video recording, etc – you remember. So I jailbroke it. Big mistake. I got greedy and basically turned my iPhone into a POS. I was pissed off. Then I saw the mystical first ever Droid “iDon’t” commercial. Effective. I was glued immediately. I switched to the Droid and never looked back. Sure it was slow (and severely underpowered) but it was all about freedom. 

    SO anyway, it’s all about choice. But the severe flamethrowing has to stop, and yes yes I know, I contribute. I don’t mean to, but I hear the Android bashing way too frequently these days, and I’m fairly certain most of these folks have never owned an Android.

    And for those asking, I own other Apple products – I wrote this on my iMac. :) (…and I have an iPad 2, love it)

  • CharliK

    Exactly. As part of the judgement the courts will require that the violating units be pulled from sale immediately. THey will change the software and back on the shelves they go

  • CharliK

    In your opinion they are ‘good’ comments. In my opinion, it remains to be seen. 

  • twitter-218300945

    I’m new here, so ddevito’s comments  are not valid or insightful as you say if he/she does not hate Apple? I can’t see the comment it’s been removed. As a member of a household that have both Apple and Android and Windows devices I hate seeing personal attacks over a device, or mine is better than yours nya  nya

  • twitter-218300945

    I’m new here, so ddevito’s comments  are not valid or insightful as you say if he/she does not hate Apple? I can’t see the comment it’s been removed. As a member of a household that have both Apple and Android and Windows devices I hate seeing personal attacks over a device, or mine is better than yours nya  nya

  • twitter-218300945

    Apple had to follow the rules and disable the push to all devices and other things when Motorola won patent suits, so why wouldn’t Motorola have to follow the results of the lawsuit?

  • twitter-218300945

    Fair enough comment speaking as a person who has an 
    IPhone, Apple devices, Android phone’s/devices and Windows in a 7 person home, I do have to add that that my Iphone/Idevices do record video, and do multitask. 

  • twitter-218300945

    I agree in theory. The problem being that Motorola did not backdown from the win of the patent that forced Apple, to shut down the push services from the cloud to all devices and other things when they won ,which Apple did immediately, they even pulled all devices that were represented in a patent loss in German stores/sites. Motorola could have offered a reasonable licensing fee and/or not pressed the win but they did. As long as this continues on all sides, it won’t stop. Its like watching kids in kindergarten all running to the teacher he did this she did that blah blah and expecting the teacher to fix it for all of them. The teacher does win when she/he says ALL of you back to your seats and no more of this! lol

  • twitter-218300945

    I would be really ticked off if someone told me I had to destroy our Motorola or Iphone smartphones and would not do so unless they paid me or replaced it. 

  • Honey Badger

    I don’t think that you get it – Motorola in all likelihood will. But that doesn’t have to be destroying the devices. Motorola can uphold the court’s ruling with a simple software update that no longer infringes on Apple’s patent.

    I don’t see Google-Rola being forced to destroy hardware based on software patents that can be worked around.

    If a company is found to violate Apple’s hardware patents, there could be grounds to destroy the offending devices. But if that was going to happen, I think that we’d have seen it by now with all of the copy-cat handsets that have cropped up since the iPhone was announced.

    Software patent disputes for the most part can be easily dealt with. Hardware patent disputes, not so much.

About the author

Buster HeinBuster Hein is Cult of Mac's Senior News Editor and lives in Phoenix, Arizona. Twitter: @bst3r.

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