Court Rules Motorola Can't Enforce Injunction While Apple Appeal is Pending

In what is being described as a huge victory for Apple, a German court has ruled that Motorola cannot enforce an injunction based on a standard-essential patent during Apple's appeal, according to FOSS Patents.

The Karlsruhe Higher Regional Court ("Oberlandesgericht Karlsruhe"), the appeals court within whose circuit the Mannheim Regional Court is based, decided today that Motorola Mobility is barred from further enforcement of its standard-essential patent injunction against Apple in Germany at least for the duration of the ongoing appeal (which I believe will take a year, if not more). And while today's decision is only a summary and preliminary decision that MMI could overturn during the course of the full-blown appellate proceedings, this indicates that Apple's appeal is highly likely to succeed -- and even if it didn't, Apple could realistically resolve the problem with limited additional concessions.

The court said, "At the current state of the proceedings, it is to be assumed that Motorola Mobility would violate its duties under antitrust rules if it continues to ask Apple to stop the sales."


Both Apple and Microsoft have filed antitrust complaints against Motorola with the European Commission.

Motorola is accused of refusing to license their FRAND patents on 'reasonable terms' and instead using them in ligation against others. Motorola is reportedly demanding 2.25% of Apple sales for use of their standard essential patents.

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