Motorola Wins Preliminary Injunction, Could Bar Sales of iPhone and 3G iPad in Europe [Updated x2] - MacRumors
Skip to Content

Motorola Wins Preliminary Injunction, Could Bar Sales of iPhone and 3G iPad in Europe [Updated x2]

FOSS Patents reports that Motorola Mobility has won an initial ruling in Germany that could allow the company to bar Apple from selling the iPhone and 3G-capable iPad models throughout the European Union. The court found that Apple's products violate a patent related to the GPRS data service used over cellular networks.

iphone 4 ipad 2
Interestingly, the patent in question is one that Apple had argued was essential to the GPRS standard, making Motorola required to license the technology under FRAND (fair, reasonable, and non-discriminatory) terms. The patent has indeed been declared essential to the standard, but the court ruled in Motorola's favor in part because Apple did not satisfy the requirements for making a binding offer to license the patent in question.

Essentially, they can't just hold a FRAND defense against a patent holder who's suing them. Instead, they have to proactively make efforts to procure a license on FRAND terms by making an irrevocable, binding offer to the patent holder and by posting a bond for ongoing royalties.

Only if the FRAND patent holder denies a license despite having such an offer on the table, the defendant can claim that an injunction would result in a violation of competition law and, as a result, should not be granted.

The suit officially names all iPhone models with the exception of the iPhone 4S, which was released after the case was initiated. The ruling would, however, still apply to the iPhone 4S given that the ruling generally covers all devices that implement the invention. 3G models of the original iPad and iPad 2 are also specifically named as infringing products.

In its ruling, the court ordered Motorola to post a $134 million bond should it wish to enforce the preliminary injunction against Apple, a sum that would be used to reimburse Apple should the injunction be overturned on appeal. Apple will obviously be appealing the ruling, and will also be requesting a stay to prevent the injunction from being enforced while the appeals process takes place.

Barring a successful appeal, Apple's options are to either obtain a license from Motorola for the patent in question or to engineer around the patent. But given that the patent's technology has been declared essential to the GPRS standard, the latter option may not be possible.

Update: Motorola Mobility has issued a press release announcing the victory.

“We are pleased with the court’s ruling. Today’s decision validates Motorola Mobility’s efforts to enforce its patents against Apple’s infringement,” said Scott Offer, senior vice president and general counsel of Motorola Mobility. “Motorola Mobility has worked hard over the years to build an industry-leading intellectual property portfolio that is respected by the telecommunications industry, and we are proud to leverage this portfolio to create differentiated innovations that enhance the user experience. We will continue to take all necessary steps to protect our intellectual property, as the Company’s patent portfolio and licensing agreements with companies both in the U.S. and around the world are critical to our business. We have been negotiating with Apple and offering them reasonable licensing terms and conditions since 2007, and will continue our efforts to resolve our global patent dispute as soon as practicable.”

Update 2: Apple has provided an official statement to AllThingsD noting that it will appeal the decision and that any potential injunction would not affect Apple's sales before the holidays.

“We’re going to appeal the court’s ruling right away,” an Apple spokesperson told AllThingsD. “Holiday shoppers in Germany should have no problem finding the iPad or iPhone they want.”

Popular Stories

M5 MacBook Pro

RIP, MacBook Ultra

Monday October 19, 2026 9:37 am PDT by
Apple today sent out invites for an experience in Los Angeles on Wednesday, October 28, and the "Pro and tell" tagline on the invitation likely means that the rumored MacBook models with touch-enabled OLED displays will stick with MacBook Pro branding instead of the once-rumored "MacBook Ultra" name. The long-rumored "iPhone Ultra" ended up being named iPhone Duo, so speculation that Apple...
iPhone Duo Trio

Here's What Apple's Apps Look Like on the iPhone Duo

Tuesday October 20, 2026 11:12 am PDT by
With just three days to go until the iPhone Duo is released, Apple is getting ready for the launch. Behind the scenes, the App Store now has screenshots of Apple's built-in apps running on the Duo. We've seen some apps in marketing materials, but images of the ones we haven't seen give us an idea of what it will be like using the iPhone Duo day to day. Many apps are shown in landscape...
apple pro tell logo

Apple Announcing New Products Next Week: 'Pro and Tell'

Monday October 19, 2026 9:05 am PDT by
Apple's Greg Joswiak today hinted at new product announcements coming next week, sharing a social media post that says "Can't wait to pro and tell next week." Rumors suggest Apple is planning to debut the new MacBook Pro with an OLED touchscreen display, an M6 entry-level MacBook Pro, an M6 iMac, an iPad mini with an OLED display. Can't wait to pro and tell next week....

Top Rated Comments

194 months ago
Instant karma?
Score: 24 Votes (Like | Disagree)
chagla Avatar
194 months ago
Well that's not good.
there's more.

Apple loses tablet case against small Spanish firm (http://www.reuters.com/article/2011/11/02/us-apple-spain-idUSTRE7A16TZ20111102)

Australian High Court just says no to Apple appeal, Samsung breathes a sigh of relief (http://www.engadget.com/2011/12/08/australian-high-court-just-says-no-to-apple-appeal-samsung-brea/)

Motorola wins injunction against Apple Sales International in German patent dispute (http://www.engadget.com/2011/12/09/motorola-wins-injunction-against-apple-sales-international-in-ge/)

Chinese court rejects Apple's claim to the iPad name, faces potential sale ban (http://www.engadget.com/2011/12/07/chinese-court-rejects-apples-claim-to-the-ipad-name-faces-pote/)

interesting developments.

I think apple in this case might just pay Motorola and come to an agreement instead of engaging in a long court room battle, halting the sales. it would probably cost apple more to fight in court room.
Score: 21 Votes (Like | Disagree)
Gen Avatar
194 months ago
You shouldn't cheer for the law when it's "winning" for Apple and then root against it when it's "losing" for Apple... sort of defeats the purpose of the law. :rolleyes:
Score: 20 Votes (Like | Disagree)
edenwaith Avatar
194 months ago
*shakes head*

It's depressing to watch all of these patent battles. Everyone suing everyone else. Ridiculous.
Score: 16 Votes (Like | Disagree)
194 months ago
Well it's about time actually. Apple has been so litigious of late that they must expect some lawsuits to go against them and so must be ready to take their own medicine. I am getting so sick and tired of all of these lawsuits.
Score: 15 Votes (Like | Disagree)
longofest Avatar
194 months ago
Oh goody goody the Samsung / Motorola's Troll's are coming out.

Come now... Apple is doing the same thing to Samsung / HTC ... Everyone is suing everyone it seems.
Score: 12 Votes (Like | Disagree)
Latest Stories
Tesla App Gains iPad and iPhone Duo Support
Tesla App Gains iPad and iPhone Duo Support
3 hours ago
Apple Reportedly Boosts iPhone Duo Orders by 44%
Apple Reportedly Boosts iPhone Duo Orders by 44%
3 hours ago
Fortnite Returning to Australian App Store After Court Ruling
Fortnite Returning to Australian App Store After Court Ruling
4 hours ago
Apple Ordered to Open iPhone to Rival App Stores in Australia
Apple Ordered to Open iPhone to Rival App Stores in Australia
4 hours ago
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
4 hours ago
Things Updated for iPhone Duo With Adaptive Layout
Things Updated for iPhone Duo With Adaptive Layout
5 hours ago
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
5 hours ago
iPhone Duo Reviewers Really Miss Face ID
iPhone Duo Reviewers Really Miss Face ID
10 hours ago
Does the iPhone Duo Run Hot? Here's What Reviews Found
Does the iPhone Duo Run Hot? Here's What Reviews Found
11 hours ago
Apple Music's New Look is Now Live on Apple's Website
Apple Music's New Look is Now Live on Apple's Website
12 hours ago
Anthropic Launches Claude Duet, a Proactive AI Agent
Anthropic Launches Claude Duet, a Proactive AI Agent
13 hours ago
What 32,000 Folds Did to the iPhone Duo's Hinge
What 32,000 Folds Did to the iPhone Duo's Hinge
13 hours ago
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
15 hours ago
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
16 hours ago
Apple Support App Updated for iPhone Duo's Larger Display
Apple Support App Updated for iPhone Duo's Larger Display
16 hours ago
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
16 hours ago
iPhone Duo Tips Over on MagSafe Stands When Unfolded
iPhone Duo Tips Over on MagSafe Stands When Unfolded
16 hours ago
Apple Music's New Look Officially Announced
Apple Music's New Look Officially Announced
17 hours ago
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
18 hours ago
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
19 hours ago
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
19 hours ago
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
20 hours ago
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
21 hours ago
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
1 day ago
Apple Stores in Bordeaux and Lille Looted During French Protests
Apple Stores in Bordeaux and Lille Looted During French Protests
1 day ago
Bluesound Adds Native Apple Music Support
Bluesound Adds Native Apple Music Support
1 day ago
Apple CEO John Ternus Explains What Makes Good Product Design
Apple CEO John Ternus Explains What Makes Good Product Design
1 day ago
UK Proposes New Ways to Help Apple Pay Rivals
UK Proposes New Ways to Help Apple Pay Rivals
1 day ago
WhatsApp Developing In-App Browser for All Chat Links on iPhone
WhatsApp Developing In-App Browser for All Chat Links on iPhone
1 day ago
Apple's App Store Chief Explains Its Push for Premium Games
Apple's App Store Chief Explains Its Push for Premium Games
1 day ago