Motorola and Apple have been battling it out in a German court over the last few weeks, the company tried to enforce an injunction against Apple last week, that would stop Apple selling some of its iPhone and iPad products in Germany, the device went back on sale the same day.
Motorola has a number of different lawsuits going against Apple, and a court in Germany has just thrown one of the major ones out of court saying that Apple’s doesn’t infringe on the patent.
Florian Muller from Foss Patents explains what has happened in the latest case between the two companies.
The judge explained that the court does not hold Apple to infringe claim 9 of EP1053613 on a “method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal”. In the court’s opinion, MMI failed to present conclusive evidence for its infringement contention. MMI argued that any implementation of 3G/UMTS must inevitably infringe this patent claim, as opposed to demonstrating that the accused Apple products actually practice the claimed invention. Since the asserted patent claim is centered around the “means” used to generate a number that optimizes wireless transmissions, the court would have wanted to see proof that Apple’s products contain such “means”. The judge clarified that the court would have deemed the patent claim infringed even if the “means” had been program code as opposed to a hardware implementation — but MMI didn’t show any kind of actual implementation (neither hardware nor software), and arguing merely on the basis of the specifications of the standard was insufficient to win.
You can find out full details about this latest case between Motorola and apple over at Foss Patents.
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