Thursday 13 September 2012

Apple wins 'rubber-banding' patent ban against Motorola

A regional court in Munich, Germany, ruled that Apple can file for an injunction against Motorola phones and tablets following claims of patent infringement, according to Foss Patents' Florian Mueller. The patent in question deals with the so-called "rubber-banding" feature, an effect that causes a page on a mobile device to bounce back up after a user has swiped to the bottom of the screen.
April court hearing, Motorola  acknowledged the infringement and instead sought to render Apple's patent invalid, Mueller said. But in an August trial, the company had changed its strategy to deny the infringement. Clearly, neither approach has worked, at least not so far.
Apple can post a $32 million bond to enforce the ban, which won`t be permanent since it can be appealed. It can put an additional $12.9 million to force Motorola to get rid of any devices found to have infringed on the patent. Or it can up the ante with yet another $12.9 million to get a Germany recall of all infringing products.

According to Mueller.
"The outcome of those cases shows that Android has far bigger patent infringement problems than any piece of computer software has ever had in the history of the industry," Mueller said, "and this has many of Google's hardware partners profoundly concerned."

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