Apple vs Motorola: Apple Scores New Victory Against Motorola, Should Google Worry?

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While Apple is not making a move directly against Google, the company is covertly attacking Android with its plethora of lawsuits that target some of the most important Android device makers out there, Samsung, Motorola and HTC. The company has scored significant victories, even if some only preliminary decisions, against some of them in various courts so far, and today Apple got one more favorable verdict in Germany, where a Munich I Regional Court sided with Apple in its patent-based lawsuit against Motorola.

The victory is all the more important for Apple because Motorola has won a couple of battles against Apple in the region, obtaining recently a ban against certain iOS devices, iPhone 4S not included. Apple managed to postpone the enforcement of that ban, and it’s now actively fighting back. Also worth noting is the fact that the Google-Motorola purchase has been approved in both the U.S. and the European Union, which means Apple will soon be fighting against Google directly.

Today’s win gives Apple an injunction against most of Moto’s mobile devices, which have been found to infringe Apple’s slide-to-unlock patent. But that doesn’t mean Apple will want to enforce the injunction at this point, so Motorola’s Android devices are still available in the country:

The court evaluated three different embodiments. Apple won on the two that Motorola’s smartphones implement. It did not prevail on the third one, which the Xoom tablet uses. That implementation is very similar to what I have on my Samsung Galaxy Note: the user has to make a swiping gesture from the inside of a circle to the outside. It requires a relatively large screen to work somewhat well, but even then it’s not very intuitive. (I’m a very happy Galaxy Note user, but it has its shortcomings and the slide-to-unlock circle is one of them.)

It’s a safe assumption that Motorola will appeal this decision. On appeal, Apple will presumably try to win on the third embodiment as well since it could be seen as covered by Apple’s patent. But even with the current scope, this is largely a win for Apple that will result in a noticeable degradation of the user experience of Motorola’s products.

While Motorola may not be hurt by the verdict right now, it’s probably safe to assume that Apple will want to pursue the enforcement of this decision in the future, once the Google-Motorola-branded Android devices start rolling out.

What’s clear is that Android could have a tough life in the future, as Apple is winning more and more battles against the OS. Furthermore, other important companies including Microsoft and Oracle are also after Android, and Google could have a tougher and tougher time defending the platform in the future, even after its Motorola acquisition is finalized.

FOSS Patents also reports that Motorola Mobility was also involved in a second trial today in the Munich court, this time defending against Microsoft:

As a side note, the Munich court not only handed down a ruling today but also held an early first hearing (the second will be the equivalent of a trial) to discuss another German Microsoft case against Motorola Mobility that I wasn’t previously aware of. The timing of today’s first hearing suggests that the complaint was brought roughly three months ago. In that litigation, Microsoft is asserting EP1040406 on a “soft input panel system and method” against Motorola’s Android-based devices. I listened to most of the introductory part. I will attend the trial and then report in more detail. Those first hearings are very preliminary.

We’ll be back with more news regarding this Android vs Google conflict in the following weeks, so keep us bookmarked for more patent-related coverage and what it means to the mobile industry.