News: Motorola Loses 3G Battle With Apple in Germany
About a week ago, Motorola was granted a preliminary injunction against Apple’s 3G devices, including the iPhone and 3G iPads. Obviously, Apple quickly appealed, and in less than 24 hours, they managed to overturn the injunction on grounds that Motorola refused to license patent on reasonable terms.
Today, the German courts ruled in favor of Apple, meaning Motorola will be granted an injunction against Apple’s products in regard to the 3G/UMTS patents.
“The judge explained that the court does not hold Apple to infringe claim 9 of EP1053613 on a “method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal”. In the court’s opinion, MMI failed to present conclusive evidence for its infringement contention. MMI argued that any implementation of 3G/UMTS must inevitably infringe this patent claim, as opposed to demonstrating that the accused Apple products actually practice the claimed invention. Since the asserted patent claim is centered around the “means” used to generate a number that optimizes wireless transmissions, the court would have wanted to see proof that Apple’s products contain such “means”. The judge clarified that the court would have deemed the patent claim infringed even if the “means” had been program code as opposed to a hardware implementation — but MMI didn’t show any kind of actual implementation (neither hardware nor software), and arguing merely on the basis of the specifications of the standard was insufficient to win.”