Apple has pulled iPhone and iPad 2 models from store shelves as
Motorola accuse it of pinching 3G wireless patents, following a court ruling in Germany on Friday, granting an injunction against the 'i' devices.
The action, taken by
Apple Stores in Germany, followed rival
Motorola's claim that some iPhones and iPads infringe upon its patented wireless 3G technologies, meaning that
Apple's cult smartphone and tablet are no longer available in its official stores in Europe's biggest market.
 Click to enlarge |
Apple said it would appeal the decision and repopulate its store.
Only some iPhone 4, iPhone 3G and iPad 2 3G models have been affected,however, with devices pulled from official
Apple Stores only, and other authorised retailers are unaffected by the ruling, the giant confirmed.
Apple's iCloud ‘push' service is also in danger of a blanket ban following a separate case taken by Moto against
Apple, which the latter also lost on Friday last, with the German Judge granting an injunction against iOS' new e mail service.
This marks the latest round in the ongoing scrap between
Apple Vs Android, with patent claims and cross claims being fired over and back between iOS and Android vendors like
Samsung, which was already played out here in Oz, as well as HTC and
Motorola.
Read
The Great War': iPhone 5 V Samsung Galaxy S3 Showdown Here
However, Moto must stump up €100m (around A$122m) bond to cover 'potential outcomes' first, Florian Mueller told
The Guardian, meaning
Apple's iOS cloud service is safe until Moto, who posted a loss of $80 million last quarter, comes up with the cash.
According to Foss Patents, Moto may be seeking up to 2.25% royalties on all
Apple sales of the infringing devices, on the strength of the 3G patent claim, which Mueller believes amounts to an "excessive" large sum for just one patent claim. (Remember
Apple generated revenues of $28.7bn last quarter).
iOS V Android - 'The Great War'
However, what makes this battle more interesting is the fact cash-rich Google is about to acquire
Motorola for $12.5bn , just in time to get the cash backing it needs to fight filthy rich
Apple (who has almost $100bn in cash reserves).
The all out great war between Android and iOS which Google, as the creator of Android took the firm reigns of last year, when it bid for the struggling mobile giant MMI (the purchase has yet to be approved by regulators).
Moto, despite its recent losses, has one major strength - the large cache of mobile patents it owns - vital in the war currently being waged with rivals
Apple.
Apple, who has already spent million in legal fees in its Android battle, also sought to strengthen its case against Moto by showing a cross-license patent agreement
Motorola has with Qualcomm in the US courts, which sought to prove it was thus covered by extension, according to
Foss Patents.
That agreement "may very well help
Apple keep its more recent products, the iPhone 4S and iPad 2, on sale in Germany despite
Motorola's legal attacks," according to Foss' Florian Mueller.
However,
Apple claim
Motorola, as owners of the wireless patent patent in question, prevented it from gaining access to the technology which is now industry standard, and claims the mobile giant is being 'unreasonable' in not granting it licensing.