Motorola Mobility Wins Injunction Against Apple in Germany

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Apple had been winning a string of legal victories in various jurisdictions over some of its Android competitors, particularly Samsung. But with a recent German court decision, Apple is now on the receiving end of injunctions against their mobile devices. But why has Apple settled for a “default judgement” if it risks a possible ban of iDevice shipments to the country?

Motorola Mobility — now being acquired by Google — has been in patent patent litigation against Apple in various jurisdictions including the U.S. and Germany. Just recently, a source cited by FOSS Patents’ Florian Mueller provided a default judgement issued by a Mannheim Regional Court (in Germany) which prohibits Apple from selling any mobile device infringing on two Motorola Mobility patents, and ordering Apple to pay damages for infringements since April 2003.

Said patents involve the following technologies found in mobile devices. First is a “method for performing a countdown function during a mobile-originated transfer for a packet radio system.” Second is a “multiple pager status synchronization system and method.” The court ruling does not specify which products are affected, although based on Mueller’s assessment, this seems to cover all of Apple’s range of mobile devices, including the iPhone and iPad (the iPod Touch is not likely covered since it does not have built-in data connectivity).

Why did Apple let the “default judgement” happen?

Authorities can execute the ruling even as Apple appeals. But one interesting development that Mueller points out is that Apple seemed to have resorted to a “default judgement” without presenting their own arguments. This is an interesting legal maneuver, particularly in Germany. Did Apple do this on purpose? In cases like these, defendants usually opt to let the “default judgement” fall, which can be an ideal situation if they want to be able to preserve their ability to present all their evidence and arguments when they appeal.

In any case, Apple might still find a workaround should authorities decide to enforce the injunction against the mobile devices involved. For instance, resellers can source iPhones and iPads from other channels in the EU instead of ordering directly from Apple. Apple can probably even afford to shoulder the extra cost of re-routing its shipments this way due to its high profit margins on each device sold.

Given these developments, does this mean that Apple will be banned from selling mobile devices like the iPad and iPhone in Germany, which is one of its bigger European markets? Will sales of the newly-launched iPhone 4S slow down in this region? Apple’s next legal move will have to be a smart one, and the company better have an excellent argument in its appeal.