Apple Inc. (AAPL) earlier today won an injunction against Motorola in Germany over the photo gallery patent. The judgement was pronounced on Thursday at the Munich I Regional Court by Judge Dr. Peter Guntz.
AAPL and Motorola have been involved in a number of lawsuits and this recent victory over yet another patent allows Apple to enforce the ruling which could force Motorola to destroy any infringing products. Motorola could very well continue to sell its smartphones and tablet by seeding a software update to resolve the infringing feature.
It’s interesting to note that Apple has won this injunction against all accused products which include two smartphones and the Xoom tablet. If Motorola decides to issue a software update to avoid infringing on Apple’s patent then it could possibly impact the user experience who are used to certain behavior when they scroll lists or manage / browse photo galleries.
Florian Mueller, an intellectual property activist-turned-analyst, on his blog FOSS Patents reports that:
The glass is clearly more than half-full for Apple in this case (and even more so when considering that Apple also won the drastic remedies of destruction and recall).
Apple continues to be aggressive in its approach to fight against the Android platform which the Cupertino, Calif. based company claims to infringe on its many patents. In Steve Jobs’ biography it was revealed that Jobs considered Android a “stolen product” and that he would “spend every penny of Apple’s $40 billion in the bank, to right this wrong.”
Today’s ruling is the second injunction Apple has won against MMI in Germany so far. Those are the first two Apple v. Motorola casees that came to judgment in Germany.
In August last year Google announced that it would acquire Motorola for $12.5 billion and the move was largely seen as an attempt to acquire a stronger patent portfolio. However, with Apple winning injunction in recent lawsuits it remains to be seen if Google’s decision of acquiring Motorola would play out well when the deal finally comes through.
It is worth noting that due a Motorola patent ruling which is under appeal forced Apple to discontinue the “push” feature in iCloud and MobileMe email service within Germany. Users can still receive and send emails however, they would have to manually “fetch” the emails. Apple is appealing the decision and believes “this patent is invalid”.