Motorola Wins Legal Victory Over Apple in Germany, Impact Disputed

Late Friday, FOSS Patents reported that Motorola Mobility had won an injunction against Apple in Germany, a decision that could potentially prevent Apple from selling any of its mobile devices in the country. Curiously, the injunction was issued as a default judgment, with Apple apparently deciding not to defend itself for unknown reasons.

motorola mobility logo wordmark
The strange circumstances have led to some dispute over whether the injunction will have any impact on Apple's operations in Germany, with The Verge's Nilay Patel arguing that the victory is a "totally symbolic" one for Motorola given that it affects only Apple Inc. and not its Apple Germany subsidiary that actually sells the devices in that country.

Motorola Mobility filed lawsuits against both organizations, and while Apple Germany is vigorously fighting its case, Apple's lawyers let the Apple Inc., lawsuit slide, resulting in this default judgement and injunction. But since Apple Inc., doesn't actually sell anything in Germany, it's a totally symbolic victory for Motorola — there aren't any products to ban.

Apple itself also took an apparently unconcerned attitude toward the ruling, noting that it fails to impact the company's sales "at this time".

This is a procedural issue that has nothing to do with the merits of the case. This does not affect our ability to sell products or do business in Germany at this time.

Florian Mueller at FOSS Patents vehemently disagrees with Patel's interpretation, noting that there is danger to Apple if courts rule that the parent Apple Inc. company is judged to be an entity selling products in Germany. As one example, Mueller points to the fact that Apple's German website is registered to Apple Inc. and not Apple Germany, meaning that enforcement of the injunction could lead to Apple having to shut down its German website operations. Another example suggests that the injunction could simply prevent Apple Inc. from delivering shipments to Apple Germany, thereby cutting off sales further up the distribution chain without a direct judgment against Apple Germany.

Mueller argues that any restrictions on Apple Inc.'s ability to business in Germany will have an effect on the company's business there, even with actual sales being funneled through the Apple Germany subsidiary. Consequently, he believes that Apple will begin to feel an impact "within weeks" unless Apple wins a suspension of the injunction. In a follow-up post, Mueller notes that a number of German lawyers have indicated that Apple is likely to win such a suspension as the trials continue to play out, but that Apple will need to move quickly to appeal the verdict in order to minimize any impact from it.

All of the lawyers I talked to had consistent positions. In particular, all of them agree with me that the default judgment against Apple Inc. of Cupertino would have very near-term business impact unless Apple wins a suspension. They all agree that in one way or another, Apple's German business also depends on Apple Inc. being unrestricted to do business in Germany. And they all concur that Apple is more likely than not to win a temporary suspension (for the period until a substantive decision following a second hearing by the same court). "More likely than not" is a conservative consensus position. An unnamed one of them told me he can't imagine any other outcome.

As for why Apple allowed the default judgment to be made in Motorola's favor, Mueller puts forward an array of theories, from Apple's lawyers simply missing the court date for some reason to strategic plans to either draw out the case or to preserve the ability to introduce certain new evidence. With so many other cases and investigations relating to Apple's intellectual property disputes, it can be difficult to determine how a move in one case could affect other events, similarly hampering the ability to understand Apple's rationale.

Popular Stories

iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Saturday October 18, 2025 11:00 am PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across the Apple Music, Calendar, Photos, Clock, and Safari apps. More features and changes will follow in future ...
ios 26 1 liquid glass opaque

iOS 26.1 Beta 4 Lets Users Control Liquid Glass Transparency with New Toggle

Monday October 20, 2025 10:57 am PDT by
With the fourth betas of iOS 26.1, iPadOS 26.1, and macOS 26.1, Apple has introduced a new setting that's designed to allow users to customize the look of Liquid Glass. The toggle lets users select from a clear look for Liquid Glass, or a tinted look. Clear is the current Liquid Glass design, which is more transparent and shows the background underneath buttons, bars, and menus, while tinted ...
iphone air thickness

Apple Said to Cut iPhone Air Production Amid Underwhelming Sales

Friday October 17, 2025 8:29 am PDT by
Apple plans to cut production of the iPhone Air amid underwhelming sales performance, Japan's Mizuho Securities believes (via The Elec). The Japanese investment banking and securities firm claims that the iPhone 17 Pro and iPhone 17 Pro Max are seeing higher sales than their predecessors during the same period last year, while the standard iPhone 17 is a major success, performing...
iOS 26

iOS 26.0.2 Update for iPhones Coming Soon

Friday October 17, 2025 7:35 am PDT by
Apple's software engineers continue to internally test iOS 26.0.2, according to MacRumors logs, which have been a reliable indicator of upcoming iOS versions. iOS 26.0.2 will be a minor update that addresses bugs and/or security vulnerabilities, but we do not know any specific details yet. The update will likely be released by the end of next week. Last month, Apple released iOS 26.0.1,...
Apple iPad Pro hero M5

New iPad Pro Has Six Key Upgrades Beyond M5 Chip

Saturday October 18, 2025 10:57 am PDT by
While the new iPad Pro's headline feature is the M5 chip, the device has some other changes, including N1 and C1X chips, faster storage speeds, and more. With the M5 chip, the new iPad Pro has up to a 20% faster CPU and up to a 40% faster GPU compared to the previous model with the M4 chip, according to Geekbench 6 results. Keep in mind that 256GB and 512GB configurations have a 9-core CPU,...
iPhone Siri Glow

Some Apple Employees Have 'Concerns' About iOS 26.4's Revamped Siri

Sunday October 19, 2025 7:39 am PDT by
iOS 26.4 is expected to introduce a revamped version of Siri powered by Apple Intelligence, but not everyone is satisfied with how well it works. In his Power On newsletter today, Bloomberg's Mark Gurman said some of Apple's software engineers have "concerns" about the overhauled Siri's performance. However, he did not provide any specific details about the shortcomings. iOS 26.4 will...
HomePod mini and Apple TV

Apple's Next Rumored Products: New HomePod Mini, Apple TV, and More

Thursday October 16, 2025 9:13 am PDT by
Apple on Wednesday updated the 14-inch MacBook Pro, iPad Pro, and Vision Pro with its next-generation M5 chip, but previous rumors have indicated that the company still plans to announce at least a few additional products before the end of the year. The following Apple products have at one point been rumored to be updated in 2025, although it is unclear if the timeframe for any of them has...
maxresdefault

Here's How the iOS 26.1 Transparency Toggle Changes Liquid Glass

Monday October 20, 2025 1:55 pm PDT by
With the fourth beta of iOS 26.1, Apple added a toggle that makes Liquid Glass more opaque and reduces transparency. We tested the beta to see where the toggle works and what it looks like. Subscribe to the MacRumors YouTube channel for more videos. If you have the latest iOS 26.1 beta, you can go to Settings > Display and Brightness to get to the new option. Tap on Liquid Glass, then...
m4 macbook air blue

M5 MacBook Air Coming Spring 2026 With M5 Mac Studio and Mac Mini in Development

Thursday October 16, 2025 3:57 pm PDT by
Apple plans to launch MacBook Air models equipped with the new M5 chip in spring 2026, according to Bloomberg's Mark Gurman. Apple is also working on M5 Pro and M5 Max MacBook Pro models that will come early in the year. Neither the MacBook Pro models nor the MacBook Air models are expected to get design changes, with Apple focusing on simple chip upgrades. In the case of the MacBook Pro, a m...

Top Rated Comments

Hellhammer Avatar
182 months ago
Motorola Mobility = Google

Wasn't mentioned in the article, although it's a quite important detail.
Score: 18 Votes (Like | Disagree)
kenypowa Avatar
182 months ago
Hi Apple. Thanks for playing with fire. What comes around goes around. Motorola didn't sue you first, neither did HTC or Samsung. A cutting edge smart phone has probably 250,000 patents involved, and I doubt you didn't infringe any one of those.
Score: 14 Votes (Like | Disagree)
Tarzanman Avatar
182 months ago
The hypocrisy of some of these comments boggle the mind

Apple Fan after Apple litigation: Motorola/Samsung copied Apple's appearance! They shouldn't be allowed to do that! Apple should sue them until Motorola/Samsung can't sell competing products.

Apple Fan after Moto litigation: Apple copied Motorola's technology! Leave Apple alone because they need that technology to make devices. Motorola should be fair to Apple because not allowing them to use their technology isn't right.


Reading that, its not hard to see why a lot of us are sickened by Apple's approach. They use other people's tech all the time, but turn around and sue other people who follow industry standards. They are a bunch of trolls and I hope Google/Moto/Samsung/Microsoft makes them a minority player again in the coming decade as they were in the 80's and 90's.
Score: 12 Votes (Like | Disagree)
iCrizzo Avatar
182 months ago
I'm curious as to what would happen if nobody in Germany could purchase Apple products. There's a part of me that WANTS to see a widespread revolt against Motorola. There's nothing like a few angry mobs to get someone's full-blown attention.
Why would you revolt against Motorola? If Apple is violating Moto's patents then Motorola has every right to defend its property. I do not have to agree with what Motorola is doing, but I do respect it the same way I respect Apple for going after other companies that violate Apple's patents.
Score: 12 Votes (Like | Disagree)
samcraig Avatar
182 months ago
Curiously, the injunction was issued as a default judgment, with Apple apparently deciding not to defend itself for unknown reasons.

As for why Apple allowed the default judgment to be made in Motorola's favor

-------------------------------------------

That's the key.

There's more to this than what the headline suggests.

Don't forget that the most cagey tech company in court is Apple. Plans within plans within plans.




Makes one wonder what Tim Cook et al have up their sleeve. This was planned.

Indeed - but also wonder what is up Motorola's sleeve since they brought on the lawsuit knowing Apple doesn't sell there.

It could be to set a precedent.
Score: 9 Votes (Like | Disagree)
BeardedOrc Avatar
182 months ago
I think you only post to joke, it's impossible that you believe the things you write
*LTD* speaks the truth. Some (like you) call them crazy, others (like me) see genius. Jobs said that. And it never rang so true here.
In fact, I heard LTD was awarded 1,000,000 Apple stock options if he continuous to spread Jobs distortion field here in MacRumors 'til 2015!!!
Score: 8 Votes (Like | Disagree)