Apple to get a temporary suspension of the German Motorola injunction

12th November, 2011 by adina
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Several German lawyers contacted by Florian Mueller of FOSS Patent have insinuated that Apple could get a temporary suspension of the German Motorola injunction. As Mueller said, although there is no guarantee, Apple may get a suspension of the injunction that would give it the occasion to put forward its defense properly. It is not confirmed, but Apple’s German lawyers might have a strategic decision allowing the occurrence of the default judgement.

It has been said that if Apple had tried to start building a defense on initiation of the Motorola-related case it may not have recurred to aspects of its evidence in any of the subsequent appeals, weakening its overall position this way. Apple initially seemed to be forced to cease selling certain of its products in Germany, but responded quickly with an official statement related to the matter.

Apple claimed that this was a procedural issue having nothing to do with the merits of the case. The company said that this does not impact its ability to do business or sell products in Germany.

A default judgement, however, comes with a cost to Apple, which will have to assume all the costs of such a judgement. If successful and winning a temporary injunction, Apple will have to foot bail costs.

There are several court cases spread around the globe Motorola and Apple are engaged in. apple is fighting even more battles with several Android phone makers, such as Samsung and HTC. Its initial loss in Germany against Motorola is however a rare defeat. Before the German Motorola ruling, there were several key cases won by Apple against its competitors.


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