Motorola wins injunction against Apple, could spell trouble for EU sales
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Motorola Mobility on Thursday won an important injunction against Apple in Germany, which could potentially bar Apple's European sales arm from selling iPhones and 3G-equipped iPads. At issue is a Motorola patent for cellular data transmission, part of wireless data transmission standards that are encumbered by an agreement to license the patent on "fair, reasonable, and non-discriminatory" terms. The ruling suggests that, at least in Germany, raising a FRAND defense against standards-essential patent infringement claims could be a difficult proposition, and may force Apple to accept Motorola's licensing terms—FRAND or not—for "past infringement."
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