FOSS Patents is reporting that Motorola has just enjoyed a small victory in the courts of Germany, where a judge ruled in a preliminary hearing that Motorola’s patent infringement claim against Apple over their iCloud technology will go to trial.
Motorola first filed the lawsuit back in April, which claimed that Apple’s iCloud infringes on patents under their ownership concerning email and data sync between the cloud and mobile devices.
The official ruling on an injunction won’t be out until February 2012, but so far, the courts seem to be leaning in Motorola’s favor. According to FOSS Patents, “The court doesn’t appear to buy any of Apple’s defenses at this stage. It may still change mind until the ruling, which is scheduled for February 3, 2012, 9 AM local time, but if it had had to rule today, I have no doubt that Apple would have lost.”
If Motorola does win this case, Apple may be forced to stop selling all of its products that utilize the iCloud service in Germany.
It is a requirement in German courts to ask the winning party to post a bond so that the infringer can get compensation for their loss if the ruling is later overturned in an appeal. In this case, Apple has priced their potential loss at 2 billion euro, or $2.7 billion. If Apple loses the appeal process, Motorola should get the money back, but the enormous sum could conceivably deter Motorola from proceeding with the injunction.
The German judge overseeing the case has asked Apple to justify this amount, seemingly rejecting it as much too high: “I am not yet entirely sure that amount adequately mirrors the commercial value of this dispute,” he said. “The technology isn’t a standard and there are alternative ways to provide the same services.”
via FOSS Patents