Apple suffered a significant blow in the ongoing patent battles with Android competitors today when a Mannheim regional court in Germany ruled against an Apple appeal.
The court backed an earlier decision that banned Apple from offering the service for synchronizing emails on Apple’s mobile devices that use iCloud.
The court said Apple must pay damages to Motorola Mobility, but didn’t specify the amount.
The judge adjourned a decision on mobile communication standards, which Motorola Mobility regards as standard-essential. He didn’t say when the court will rule on this patent case.
We already knew from Apple’s 10-K report in October that the company planned to spend approximately $900 million on retail stores during 2012. The investment would account for the opening of roughly 40 new locations throughout the year. At least some of that investment will be going toward three new stores in Germany, one in the northwest region of Spain, and others in Australia and France’s Burgundy wine region.
We reported several times about Italian anti-trust authorities fining Apple $1.2 million for “misleading consumers” in relation to AppleCare warranties. The decision made by the Autorità Garante della Concorrenza e del Mercato stated Apple’s 1-year AppleCare warranties were failing to inform consumers of a mandatory warranty of two years imposed by European Union law. Today we heard confirmation from Bloomberg that not just Italy, but consumer groups from 11 countries, requested that Apple make changes to its AppleCare policies and immediately halt its current “practices on the guarantees.”
Apple products say they come with a one-year warranty when European Union law requires manufacturers cover goods for two years, consumer groups in 11 countries, including Italy and Germany, said in an e-mailed statement today. The groups said they sent letters to national regulators seeking an immediate halt to Apple’s practices on the guarantees
The letter sent by consumer groups comes two days before Apple is set to appeal the $1.2 million fine imposed by Autorità Garante della Concorrenza e del Mercato on March 21. Apple already published the initial anti-trust decision on its website, but the group is asking Apple to also alter its warranty policies and publish a notice to consumers about the changes it made on Apple.com. Read more
Apple informed customers in Germany that push email on both MobileMe and iCloud services were disabled due to the company’s patent fight with handset maker Motorola Mobility. According to a support document Apple quietly published today, “Due to recent patent litigation by Motorola Mobility, iCloud and MobileMe users are currently unable to have iCloud and MobileMe email pushed to their iOS devices while located within the borders of Germany.”
Push still works for Contacts, Calendars and other items and it is unaffected on OS X. Moreover, the affected users can still access the iCloud/MobileMe email service by manually checking for messages or using the Fetch setting. Apple also wrote the following line in the support document:
Apple believes Motorola’s patent is invalid and is appealing the decision.
As you will recall, Motorola filed an iCloud-related lawsuit on April Fools’ Day. It recently won an injunction and provided a €100 million bond to enforce it. Apple detailed how the patent suit affects the iCloud/MobileMe email service:
Shipping times for Time Capsules are increasing steadily across regional online Apple stores in the United States, Australia, New Zealand, Germany, Italy, United Kingdom, France and other territories. While the 3TB version of Time Capsule is in stock at certain online Apple Stores, most now list the wireless backup appliance with up to one to three weeks delivery time. Meanwhile, 2TB Time Capsules in some stores take one to two weeks. Over at Amazon (temporarily out of stock) and Best Buy (sold out) things are not looking peachy either.
This is similar to the AppleTV shortages we noted over the weekend but may not be for the same reason.
Time Capsule constrains could be linked to the Thai floods that have led to global shortages of hard drives and subsequent jacked prices by as much as 28 percent. A disruption in the hard drive supply already affected the 27-inch iMac. That, plus the fact that other AirPort-branded products stay in stock only reinforce the notion that constrained supplies of Apple’s Time Capsule islikely caused by global hard drive shortages.
According to an unnamed tip that 9to5Mac received this morning, several Apple outlets in Australia no longer have Time Capsules in stock:
Apple, today, has filed a lawsuit against Motorola over their use of Qualcomm technology, as reported by Reuters. Apple explains that Motorola has breached a contract pertaining to their use of a patent license and “asks this Court to enjoin Motorola from prosecuting and 4 enforcing its claims against Apple in Germany.”
Specifically, Apple is suing Motorola over their claims that Apple is illegally using Qualcomm’s baseband chip. In its lawsuit, Apple asks the court to ban Motorola from being able to sue Apple over Apple’s use of Qualcomm’s technology:
Permanent injunctive relief restraining Motorola and its subsidiaries, affiliates, officers, directors, agents, employees, servants, licensors, successors, assigns, and all those acting in concert with them, from prosecuting patent infringement proceedings against Apple based on Apple’s use of the Qualcomm MDM6610 chip and other Qualcomm components licensed under Motorola patents in any forum other than this Court
The root of the lawsuit is essentially Apple’s strike-back at Motorola for attempting to stop sales of Apple’s 3G products in Germany. The lawsuit’s referencing of Qualcomm’s chips is a nod to the iPhone 4S, which uses a Qualcomm baseband chip, not being removed for that short amount of time when Apple won a temporary injunction of Apple’s 3G products in Germany.
