Mar 05

Apple wins another one against Motorola in Germany

A German court has ruled that Motorola Mobility violates a patent Apple holds related to the way in which photo galleries are displayed in mobile operating systems.

Motorola's Xoom tablet is included in today's ruling involving a photo gallery patent.

(Credit:Motorola Mobility)

Another day, another ruling in a German court battle between Apple and Motorola Mobility.

Judge Dr. Peter Guntz of the Munich I Regional Court ruled today that Motorola violates a photo gallery patent Apple holds, according to FOSS Patents’ Florian Mueller, who was in attendance at the proceeding. The ruling gives Apple the opportunity to ban all infringing Motorola products, including two of the company’sAndroid-based smartphones and the Xoom tablet. Mueller didn’t say which two smartphones were included in the suit.

Apple is not compelled to enforce the ban. However, if it does, Mueller says that Motorola would be forced to destroy any infringing products in its possession.

That has become a common theme in recent rulings across Germany. last month, a German court ruled Motorola violated Apple’s slide-to-unlock patent and could have seen its products banned from sale. But Motorola made a quick change to keep its products on store shelves.

“Today’s ruling in the patent litigation brought by Apple in Munich, Germany, concerns a software feature related to phone unlocking in select Motorola devices sold in Germany,” the Motorola spokesperson told CNET at the time. “Motorola has implemented a new design for the feature. Therefore, we expect no impact on current supply or future sales.”

This time around, Motorola says that the ruling came down because of a “zoomed in” function in the photo gallery. that function has been modified to ensure Motorola’s products don’t infringe Apple’s patents.

“Today’s ruling in Munich, Germany on the patent litigation brought by Apple concerns a software feature associated with performing certain functions when viewing photos in a ‘zoomed in’ mode on mobile devices,” a Motorola spokeswoman told CNET in an e-mailed statement. “We note that the Court ruled that performing the functions in a ‘zoomed out’ mode does not infringe on this patent.

“We expect no impact to supply or future sales as we have already implemented a new way to view photos on our products that does not interfere with the user experience,” the spokeswoman continued.

Apple declined to comment on the ruling.

Apple wins another one against Motorola in Germany

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Nov 20

Report: Samsung Skirting German Ban Via Galaxy Tab ...

You have to give Samsung credit for trying. in the wake of having its Galaxy Tab 10.1 temporarily banned in Germany, Samsung has apparently modified the tablet in order to get it on store shelves in the country.

According to MobiFlip.de, Samsung is now selling the Galaxy Tab 10.1N. It’s not drastically different; patent blogger Florian Mueller pointed to German-language blog allaboutsamsung.de, which said the metal frame or bezel “now wraps all around the edge to the extent that a part of it covers the margins of the front side.”

“That is a characteristic of at least one of the devices rejected by the court as prior art,” Mueller wrote in a blog post. “It seems to me that this design resulted from teamwork between Samsung’s German lawyers and its product design group.”

Mueller couldn’t say whether this will help Samsung defeat Apple’s various patent lawsuits. “But without a doubt, Samsung has upped the ante for Apple and its lawyers in case they wish to request a new injunction or allege that this constitutes an infringement of the existing one,” he wrote.

Samsung did not immediately respond to a request for comment, but CyberPort.de is listing a Samsung Galaxy Tab 10.1N for €549.

Mueller recommended that Samsung “carefully test the waters and try to find out exactly where the courts draw the line and find an infringement.”

In September, the Düsseldorf Regional Court upheld its preliminary injunction against Samsung. The German Galaxy Tab drama started in August when the Dusseldorf court blocked the sale of the Galaxy Tab 10.1 in Europe, with the exception of the Netherlands. Amidst questions over whether a German court had the right to ban a Korean company from selling its wares outside Germany, the court later tightened its ruling and only applied the ban to sales within Germany.

The patent dispute between Apple and Samsung began in April, when Apple sued Samsung for copying the look and feel of its iPhone and iPad in its flagship Galaxy S line of smartphones and tablets, among other devices. Samsung responded with a countersuit that targeted Apple for infringing on five patents relating to wireless networking technology.

The fight has since expanded to more than two dozen cases worldwide, and Samsung is trying to get the iPhone 4S banned in some countries.

For more from Chloe, follow her on Twitter @ChloeAlbanesius.

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Report: Samsung Skirting German Ban Via Galaxy Tab 10.1N