Forgot your password?
typodupeerror
Patents Apple

Apple Faces Temporary iPhone, iPad Ban In Germany 193

Posted by samzenpus
from the das-ist-verboten dept.
An anonymous reader writes "A regional court has temporarily banned Apple from marketing or supplying iPhones and iPads in Germany, following a suit brought about by Motorola. However, Apple said that the judgement 'does not affect our ability to do business or sell products in Germany at this time.' This may have something to do with the respondent in the case being Apple Inc, the US parent company, and not Apple GmbH, the company's local subsidiary."
This discussion has been archived. No new comments can be posted.

Apple Faces Temporary iPhone, iPad Ban In Germany

Comments Filter:
  • by Anonymous Coward
    Seriously, the fewer of these iProducts we have out there, the more intelligent as a society we will be.
  • There's some saying. It was something about reaping and sowing I think. Or was it some bed you sleep in after making it?

  • by Rambo Tribble (1273454) on Monday November 07, 2011 @10:04AM (#37972458)
    Apple is faced with the prospect of "live by the sword, die by the sword".
  • by Anubis IV (1279820) on Monday November 07, 2011 @10:10AM (#37972506)

    Apple didn't bother to show up, so they had a summary judgment made against them. They'll likely appeal and argue over the merits of the patents in question during the appeal. In the meantime, it's doubtful that any injunction will actually get enforced.

    • by UnknowingFool (672806) on Monday November 07, 2011 @11:12AM (#37973060)
      They didn't show up because Apple, Inc. does not sell products in Germany. Apple Germany is the subsidiary of Apple that sells them. It's a victory for Motorola but a meaningless one. The case against Apple Germany has not been settled.
      • by Kartu (1490911)

        They can ban products from being imported nevertheless.
        Other than that, you still can buy Samsung Galaxy Tabs. According to sellers, they are prohibited to import new (not sure how well that gets controlled) but allowed to sell current stock.

        • Apple Inc is banned; however, they never imported any products. Again, Apple Germany imports the products. It's like banning GM from importing Chevrolets in Germany; except it is Chevrolet Corp that does the importing so a ban on GM is meaningless.
          • by Namarrgon (105036)
            Apple GmbH can still sell in Germany, but they imported their products from Apple Inc. Now AFAICT Apple Inc is no longer allowed [blogspot.com] to sell them to Apple GmbH, so whatever stock is in the country, is all they can sell:

            The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.

            • Apple GmbH can still sell in Germany, but they imported their products from Apple Inc. Now AFAICT Apple Inc is no longer allowed [blogspot.com] to sell them to Apple GmbH, so whatever stock is in the country, is all they can sell:

              The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.

              Let's assume this is so - then they just do it like Samsung with the similarly banned Galaxy Tab - simply ship via another European Apple branch.

          • And how different it is from Samsung? You think there is no Samsung Germany hence they've banned all Samsung or violating "community design" of rectangular shape with rounded corners is punished harder, than violating Motorola's hardware patents?

      • by AmiMoJo (196126)

        They have to get their supplies from Apple Inc. Similarly to Samsung the local subsidiary can continue to sell what they have but can't get any new stock from the parent company.

  • by walterbyrd (182728) on Monday November 07, 2011 @10:32AM (#37972700)

    Apple used to be a great company. Now, Apple is just a patent parasite. If iProducts are banned, Apple will only have themselves to blame. You can blame other companies for defending themselves against an aggressive scammer, like Apple.

    • So many words being twisted to mean something else in this post, where to start!

    • by Telvin_3d (855514) on Monday November 07, 2011 @11:29AM (#37973284)

      I'd object to the description 'patent parasite'.
      Assholes, jerks and many other derogatory terms may be appropriate, but 'patent parasite' implies that they are leaching off others. Instead they are the ones pushing the market in every way, but using patents to stop others from following the same strategies. It's not nice, and it's not healthy for competition, but it's also not parasitic.

      • by vux984 (928602)

        but 'patent parasite' implies that they are leaching off others.

        You mean Apple invented anything to do with cell phones?

        I mean sure they did a bunch of neat stuff with the ipod touch as a user interface, and sticking a phone into it was a good move too...but lets take a look at that phone that they stuck into it?

        That's quite a bit of sophisticated radio technology in there. We're not talking "swipe to unlock" or "rounded rectangle" ... crap. We're talking the nuts and bolts of maintaining a high speed data

      • by AmiMoJo (196126)

        I wouldn't call a rectangle with rounded corners an "innovation". The only reason you apply for such a ridiculous patent and then try to bash your competitors over the head with it is in order to keep them out of the market by foul means rather than fair competition.

        The Galaxy S has been selling really well, and the Galaxy Tab is considered the main competitor of the iPad. Rather than going after all phone and tablet manufacturers who violate the same patents that Samsung do they started with just their mai

    • by horza (87255)

      The patent abuse that has been turning Apple from one of the world's most loved companies into the most hated won't have been such a good gamble if they start losing all these cases. Still, they have enough cash in the bank to outlast SCO. All us neutrals that were recommending Apple to avoid Microsoft are now regretting our decisions :-(.

      Phillip.

      • by bryan1945 (301828)

        "The patent abuse that has been turning Apple from one of the world's most loved companies into the most hated"
        I think you mean Slashdot's most hated. How many people outside of the industry even know about the patent wars? 3? People get shiny, people are happy. Industry is busy kicking each other in the nuts.

  • Payback is a bitch.

  • Well, not much. This is primarily going to hurt German retailers which is why you probably will not see an outright ban on the sale of iPhones and iPods. If you don't think people will be driving to, riding to, flying to, or ordering from other countries to get their Apple gadgets, think again. Apple products draw a lot of water and it's something people are buying regardless of the relatively poor state of the western economy.

    • by Xest (935314)

      It wont hurt them much?

      You do know Germany is the 4th biggest economy in the world right, the biggest economy in Europe, and the second biggest economy in the West?

      I dunno, that sounds like quite a painful economy to lose your ability to sell your products in.

  • "I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong," Jobs said. "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." Steve Jobs

    Jobs also called everything Google made "shit," (with the exception of its search engine), and unfavourably compared the web giant to Microsoft.

    http://www.cbsnews.com/stories/2011/10/20/scitech/main20123421.shtml [cbsnews.com]

    • Jobs also called everything Google made "shit," (with the exception of its search engine), and unfavourably compared the web giant to Microsoft.

      He is wrong - the search engine is turning to shit also.

  • ... I reported this and more about 6 hours ago.

    just so you know. Apple must, according to the judgement that I read through, has to pay Moto damages dating back to as early as the beginning of 2002.

    And, as some have most assuradely already noted, this ruling is against Apple Inc. which many believe doesn't actually sell anything in Germany. The problem is the German Apple sites are owned directly by Apple Inc. and so the Lawyers are still discussing if they may have to be shutdown or whatever. Still waiting

COBOL is for morons. -- E.W. Dijkstra

Working...