According to lawyers Apple need fast a suspension request, the company wants in Germany hardware continue to sell. Such a suspension is likely to be assigned. Motorola won in the last week patentzaak against Apple.
Although Apple claimed that Motorola won patentzaak ‘currently’ has no effect, it may be a matter of weeks before Apple has no products in Germany more may sell, writes patentenexpert Florian Mueller on his blog. According to Mueller, who with German lawyers have been talking with Apple need a suspension requests to prevent it.
Because Apple was not present at the hearing and no substantive defence has been able to enter, the chances are that the suspension is assigned, think about the lawyers. It has to be within two weeks, be requested. If the suspension is assigned, may Apple during the lawsuit – which can take years devices continue to sell.
It is also unclear why Apple was not present; it may be that this accidentally happened, but according to Mueller, it can also be a strategic choice. So the possibility exists that there are not one, but two patentzaken of Motorola against Apple, and that Apple is the outcome of the second case are not in danger. However, that is speculation.
Motorola had the case against Apple filed, because the company has two patents in the field of data synchronization and transfer would violate. Thereupon, the judge will order a sales ban on mobile devices from Apple, where it’s most likely the iPad and iPhone. The lawsuit was brought against Apple Inc. and not against the German Apple department, but according to Mueller, that makes for the effects of the ban.
Update, 13:46: Mueller writes that on 18 november and 2 december also sessions take place in a court of Motorola against Apple. That would be Motorola, so a total of three lawsuits have filed against Apple. According to Mueller is a good chance that the two announced lawsuits focus on the two German sites of Apple. The first case was directed against the parent company.