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. Expand Expanding Close
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.
Update: 8PM ET: Apple has updated the store and all 3G devices are again available.
Just this morning Apple was dealt a patent blow by a German court that ruled Apple’s 3G products outside of the iPhone 4S were in violation of Motorola patents. The “Fair, Reasonable, and Non-Discriminatory” (FRAND) nature of the patents means Apple should be able to purchase licensing rights to those patents at market rates (i.e. what Nokia, Samsung, and others pay). According to Apple, Motorola has not offered those types of terms.
Fast forward to a few minutes ago: Apple stated the 3G devices in question would be back on sale “shortly”…
Apple has been granted a suspension of the German injunction against 3G-enabled iOS devices, with the iPad WiFi + 3G, iPhone 4 and other gadgets back on sale through the company’s online store. ”All iPad and iPhone models will be back on sale through Apple’s online store in Germany shortly” the company told us in a statement. “Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
Owners of the Apple TV set-top box around the world took to Twitter to complain about an unknown issue affecting the device’s ability to stream YouTube clips through the Internet section of the main menu. According to reports, attempting to play any YouTube clip produces this error message:
No content was found. There is a problem communicating with YouTube. Try again later.
It would appear that some sort of backend issue is to blame, but it is inconclusive. The problem persisted since the past couple days; with a bunch of posts over at the Apple Support Communities indicating it is widespread. One poster claimed an Apple representative advised him to contact Google because this is “a YouTube issue.”
It seems to be particularly bad in Japan, Australia, Canada and various European countries, including the United Kingdom, Scotland, Germany, France, Italy, Spain and the Netherlands, Denmark, Romania, Argentina and Croatia.
Not all users in the United States seem to be experiencing this issue, although some do. Resetting a router or the device will not help. Likewise, performing a factory restore to the latest 4.4.4 firmware did not do the trick for another poster. Some users are only able to see the videos in their History. Are you having same issues with your Apple TV? We would love to hear from you in the comments.
Apple expanded its recycling program in the United States in August to give customers an opportunity to —well— recycle their used iPhones and iPads for Apple gift cards, and now the technology giant is extending the program even further by launching a similar initiative in the United Kingdom, Germany and France.
According to its German website (Google translation), Apple will not offer payment in the form of an Apple gift card, but rather as cash deposited into customers bank accounts in exchange for returned devices. Macworld UK and Macerkopf.de (Google translation) confirmed that these same rules apply for the programs in France and the U.K.
“With the Reuse and Recycling Programme, you could turn your old equipment into a brand-new Mac, iPod, iPhone or iPad,” announced Apple. “Whether it’s an iPhone, iPad, Mac or PC computer, working or not, we’ll take it and determine if it qualifies for reuse and has a monetary value. If it does, the amount will be credited directly into your bank account. If it doesn’t, you can recycle it responsibly through one of our free recycling programs.”
The recycling program is made possible through a partnership with Dataserv, and the green measure contributes to Apple’s existing programs —as noted by its website— for recycling Macs, PCs, iPods, mobile phones, and batteries…
Apple is not slowing down when it comes to opening more iconic brick-and-mortar retail locations. Three new retail locations all received recent approval: one located in a century theatre in Germany, and a second in London, Ontario, Canada, and the third in a historic 1860-era building in Madrid, Spain. The approvals continue Apple’s aggressive retail push after the opening of their new Grand Central store, and after meeting its goal of 30 new locations opened worldwide in the fourth-quarter of 2011.
Following over a year’s worth of discussions, TeleCinco (via ifoAppleStore) confirmed plans for an Apple Store in a 65,293 square-foot building in Madrid, Spain have finally been approved by city officials. The rendering above was released by the city and, despite not showing any Apple logos, it shows a classic Apple retail design meshed with the 1860-era building facade. The building was previously Hotel Paris, and according to ifoAppleStore, it will retain the massive, iconic “Tio Pepe” electric sign. The sign, not shown in the rendering, was removed for the construction process.
Located on the The Kurfürstendamm in Berlin, Germany, we already told you about rumors concerning Apple’s next store that will be located in a 5,000 square foot theatre originally built in 1912 or 1913. Berlin.de gave a break down of the building’s history. Until now, it was not exactly confirmed, but iFun confirmed that employment applications for the location have surfaced. It also seems as though construction is underway due to the front windows being covered (pictured right).
Another store set to open in 2012 is located in London, Ontario, Canada in Masonville Place shopping mall. Although it’s been rumored for years, we’re receiving several tips that it is set to open next year and the typically reliably ifoAppleStore has confirmed. The store will apparently take over the 6,176 square-foot space previously occupied by Eddie Bauer on the upper level. This would continue Apple’s steady retail expansion in Canada, currently sitting at just 22 stores across the country, nine of which are located in Ontario.
Perhaps in what might be read as a wake-up call for Apple, the Cupertino, Calif., gadget powerhouse was just served a dose of reality before a Dusseldorf court in Germany. A quick recap: Apple secured a sales ban on Samsung’s Galaxy Tab 10.1 in September on the grounds of too many similarities and patent infringement.
Samsung then re-engineered its device and re-introduced it under the Galaxy Tab 10.1N moniker, but Apple pushed for an injunction of that model, too. Today at the Dusseldorf court, presiding judge Johanna Brueckner-Hofmann made it known that Apple was pushing its luck with a request for an injunction.
Following Motorola winning a possible injunction against Apple mobile products in Germany, Apple has told a German court it is set to lose $2.7 billion if it rules in favor of Motorola regarding a patent case related to an “emailing syncing patent”, according to a report from Bloomberg(via BusinessInsider). Apple has reportedly requested the court to demand Motorola provide $2.7 billion in collateral in the event the judge sides with Motorola. Bloomberg reports:
German courts often require the winning side in a case to post collateral if it wants to enforce a ruling while the other side is appealing. The amount reflects the losses the party is facing when forced to comply with the ruling. If it wins the appeals, it can seek damages and can make use of the collateral held for that.
While we have no information about how exactly Apple has come to that figure, the judge hearing the case apparently doesn’t agree with Apple’s valuation: Expand Expanding Close
In Australia, as part of discovery, Samsung got access to Apple’s Qualcomm baseband source code for the iPhone 4S (lookout for battery issues while you are in there Sammy!).
Other matters appeared to be resolved, including Samsung’s access to the firmware used in the iPhone 4S’ baseband chip, supplied by Qualcomm.
A software expert had approximately two hours’ access to the firmware and would submit his findings by Sunday.
According to FOSSPatents, Samsung’s lawsuits against Apple in Germany are really heating up after a Mannheim hearing set a schedule for January 20 and 27 of 2012. It looks like Apple has a tough case, as the hearing leaned towards Samsung’s claims.
The two patents asserted in today’s litigations are
EP1005726 on a “turbo encoding/decoding device and method for processing frame data according to QoS”, and
EP1114528 on an “apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system”.
Samsung’s third German complaint against Apple, which wasn’t at issue today, relates to EP1188269 on an “apparatus for encoding a transformat format combination indicator for a communication system”.
Below is a full rundown of the issues discussed at today’s hearing..
Florian Mueller isn’t a patent attorney but he plays one on his blog FOSSPatents. For better or worse, he’s often quoted in the ongoing mobile technology patent battles where the winner is often Apple. He’s also German so he probably understands this new, disturbing ruling a lot better than us (Our German is “rostig”)
Apple knows what it’s like to win injunctions against rivals. It won four of them against Samsung (two in Germany, one in the Netherlands and most recently one in Australia; all of them preliminary). Now it seems that Apple has just come out on the losing end of a patent infringement lawsuit. I have received a copy of what purports to be a default judgment by the Mannheim Regional Court barring Apple from selling in Germany — the single largest market in Europe — any mobile devices infringing on two Motorola Mobility patents and determining that Apple owes Motorola Mobility damages for past infringement since April 19, 2003.
If true, this would be a Hindenburg-sized backfire for Apple’s legal efforts in Europe.
The two patents and their US equivalents, Statements from Apple and Motorola and an update from Mueller below: Expand Expanding Close
We stumbled across this video on YouTube… and Siri clearly should not yet be used by non-native speakers of the United States, United Kingdom, Australia, France, or Germany. As you can see in the video, the speaker is talking in English but with a foreign accent, and Siri does not understand one command. “Read dick”.
Update: Australian accent tested by Gizmodo AU below:
Claiming Samsung copied the iPad’s design, Apple has successfully achieved their mission in getting an Australian judge to block Samsung’s Galaxy Tab 10.1 from being sold in Australia, reportsSydney Morning Herald. Apple says that Samsung is infringing on two patents, and the judge ruled until changes are made the Galaxy Tab 10.1 can’t be sold from this point on.
Apple and Samsung have current litigation continuing over in Europe and the United States. Apple has already successfully blocked the Galaxy Tab 10.1 in Germany and hopes to do so elsewhere.
Samsung won’t start addressing the core patent issue (screen patent) with the Galaxy Tab 10.1 quite yet. They want to prepare a proper defense against Apple. Interestingly, Samsung has setup a temporary store across from a Sydney Apple Store selling Samsung Galaxy S IIs for $2, to detract from the upcoming iPhone 4S launch Friday. The fight continues…
[youtube=http://www.youtube.com/watch?v=5q9w0dxosTE] (We got a look at the Tab 7.7 before it was pulled)
Apple won a pretty significant victory today in its attempts to block Samsung from selling its iPad competitor products in Germany and in greater Europe. This week’s IFA show is a CES-like pan-European event which showcases new consumer products from just about everyone except Apple.
Most of the buzz this year however is around two of Samsung’s new products, the Galaxy Tab 7.7 and the Galaxy Note 5.3. Both have 1280×800 SuperAMOLED Displays and run Android 3.2 but the Tab falls under the line of products that Apple is trying to block and is currently under a set of injunctions in various parts of the world.
Interestingly, Samsung was originally showing the 7.7 devices to reporters with “not for sale in Germany” stickers attached. However last night, Samsung started removing the devices from the floor and covering up the advertisements like the product never existed (below).
It appears that Apple got Samsung to block the whole Tab line. The Tab 7.7 is much smaller than the iPad weighing only 334 grams, yet has a higher resolution screen – so it appears that Apple’s injunction is very broad.
Samsung, Apple’s closest rival in tablet computers, pulled the just-unveiled Galaxy Tab 7.7 out of the IFA consumer- electronics show in Berlin after a Dusseldorf court on Sept. 2 granted Apple’s request to ban sales and marketing of the product, James Chung, a Seoul-based spokesman for Samsung, said by telephone today.
“Samsung respects the court’s decision,” Chung said, adding that the company believes it “severely limits consumer choice in Germany.” Samsung will pursue all available options, including legal action, to defend its intellectual property rights, he said.
It will be interesting to see what direction this goes. Will Apple be able to successfully block Samsung’s (and others’) tablets for sale across the world? There is some concern that if Apple doesn’t win in these cases, damages to Samsung could be significant.
Update: Samsung has issued the following statement (via TNW) addressing the court’s decision to grant Apple the preliminary injunction:
Samsung is disappointed with the court’s decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany and will continue to actively defend these rights throughout the world.
The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung.
We will take all necessary measures to ensure Samsung’s innovative mobile communications devices are available to customers in Europe and around the world.
This decision by the court in Germany in no way influences other legal proceedings filed with the courts in Europe and elsewhere.
Reports are coming in that Apple has been granted a preliminary injunction for the entire European Union (excluding Netherlands) that will halt distribution of Samsung’s Galaxy Tab 10.1. This comes on the heels of a postponed launch of the device in Australia due to a lawsuit with Apple.
The decision by the Regional Court of Dusseldorf in Germany to block sales of the device comes after a judge sided with Apple on claims that Galaxy Tab copied key design components related to the iPad 2. While Samsung can appeal the court’s decision sometime in the next month, the Telegraph’s Shane Richmond is quick to point out it would be heard by the same judge. Apple is also said to have a separate lawsuit filed in the Netherlands as well.
Samsung had this to say in a recent statement about their legal disputes with Apple:
“Samsung believes that there is no legal basis for this assertion. We will continue to serve our customers and distributors and the sale of Samsung products will be continued.”
And Apple has made their stance on the situation clear…
“It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”
Apple is set to open a new high-profile retail store in Germany by the end of March. A series of leaked work-in-progress photos showing both interior and exterior reveal that a two-floor store will occupy a large space, suggesting that Apple plans to carry the full product lineup sold in their other big retail stores. (inside shots below)
The payWall St. Journal is reporting that T-Mobile’s exclusivity contract in Gemany is ending and O2 and Vodafone are picking up the iPhone for the holiday season.
