10
Aug
Motorola_XOOM

Yesterday a German court sided with Apple against Samsung, disallowing the sale of Galaxy Tab 10.1 units in the European Union. Buried deep within this filing is mention of yet another complaint -- but this one is against Motorola, allegedly over the design of the XOOM.

This has been a back-and-forth battle between the two companies for sometime now, with Moto originally going after Apple for violating 18 patents in iOS and some Macs back in October of 2010. Apple quickly fired back, accusing Moto of violating six of its patents in the Droid, Droid 2, Droid X, and other smartphones. Now the XOOM is on the line, and you can bet that Apple is looking to get a similar injunction to yesterday's ruling against Samsung, halting the sale of XOOM tablets in Europe along with the Galaxy Tab 10.1.

According to FOSS Patents, it is unlikely that a preliminary injunction will be issued, as "German lawyers usually discourage such motions unless they are filed within one month of finding out about an infringement." This means the XOOM is most likely safe for now, but could face some serious consequences as this case moves forward.

[Foss Patents via CNet]

Cameron Summerson
Cameron is a self-made geek, Android enthusiast, horror movie fanatic, and musician. When he's not pounding keys here at AP, you can find him spending time with his wife and kids, plucking away on the 6- or 7-string, or watching The Texas Chainsaw Massacre on repeat.

  • Alex94

    apple is acting like a pussy. Stop suing everyone and start making products that beat motorola and samsung.

  • George C

    We need patent reform in not just the US but the world, vague ideas being patentable is unacceptable.

    • GraveUypo

      i don't think the rest of the world has as grave of a problem with patents as the US do. but you speak the truth. i actually have trouble believing this is even happening.

  • New_Guy

    I doubt I'll ever buy another Apple product if this is how they conduct business...Just going around suing everyone seems like a pretty poor business model to me.

    • Jon Garrett

      my wife and I have iPhone 4's and we cannot wait til our contract is up next summer. I will never again buy a product from Apple.

      I love my Samsung Galaxy Tab 10.1

  • Elvis

    Lol +1ap to that new_guy

  • http://www.slipshft.com Slipshft

    I would think that the fact that the xoom is not a similar device would invalidate any claim that apple would have as far as design goes. If the rules of patents are not upheld (improvements being king) there are going to be a lot more suits filed. How many laptops look very similar? This is getting out of hand. Whats next suits because cars look similar? Better yet, a lawsuit based on the fact that the candy bar is similar to many phones (the so called candy bar design).

    • Cameron Summerson

      What do you mean by "not a 10.1 device?"

  • Martin

    How do car manufacturers make cars with similar features/design and not go about suing each other or blocking them from selling their cars??? Apple is clearly frightened and doesn't know of any other way to go against the opposition other than nick picking with patent wars just because something looks or works similar to their product. Just makes me boycott their products even more...

    • Jon

      If Apple were a car company, they'd sue every company that makes cars that have a sleek streamlined design. They'd sue if another company has a car with similarities in aesthetics.

  • Thomas

    Is this connected somehow to the late EU 3.1 update? why to start it earlier if the device is ready to be halted?

    • http://yourmomma.com Adan G.

      Apple are a bunch of hogs . They want to take and use everything to their advantage . They practically have ATT tied to a ball and chain and if ATT says anything Apple will probably sue them for breach of contract. They try to be so exclusive they do not let anyone else use their Os. And in all reallty is dirty to the core like they say. They are not allowing technology to move foward they are holding their own pace...

  • Elite Supersonic User

    All I can say is Apple is.... well its Apple and now I know why I always hated apple.

  • JayMonster

    Unlike Samsung, Motorola has the portfolio of mobile patents to battle Apple. In this case (since Motorola was actually the first one to fire), it is probably more a case of getting their claims out there so they can ultimately come up with some cross licensing agreement.

  • Thetwostep

    It's funny that Apple used to call IBM the evil empire......

  • brad

    At what point will Chevy start suing honda for making a car with four wheels and four doors and an engine.

  • brad

    When it comes down to it. The patent lawsuits are just smoke and mirrors. Its simple advertising for apple. To the layman, it looks as if Samsung if the bad guy. To those who are somewhat tech savy, we know apple is rotten to the core.

    Apple spending money on ridiculous patent infringements, instead of looking in ways to create something new and fresh.

    They are worried about carrying those ideas for years and years, until they have used the patents for all they are worth. It stifles invention. We use to see new and useful ideas, all we see now, is simply version up numbers.

    Really, how much has the iphone changed that you actually need a big number 5 plastered to it.

    Is there anything that can REALLY be considered breakthrough. No, not really. Its a phone, it makes calls, oh and it takes pics. Now, that can be said that Google phones are in the same category, but for the most part, google is being innovative. Even if its working off of other apple ideas.

    Apple isnt innovative really, they are just patent trolls.

    Yeah, they make something slimmer, they make it look pretty, and they have the best marketing ever. But does it really mean that they create innovative hardware and software when compared to other companies. No, apple is all image.

    And they are appealing to the younger generation by flooding the market with, oh this company is stealing there ideas, and they ( samsung/HTC/Motorola) cant do it better. So they have to steal it.

    So for me, and me personally, I do not and will not own an apple product.

    Nor does anyone in my family.

    In the future, Im hoping that anything Im involved in, will not have apple products.

    Look at the history of the apple lawsuits. Its right on the heels of when the droid came out.

    When it took off. And they saw something that was better, more powerful, and better potential.

  • ExAppleFanboy

    Apple is officially evil.

    • JayMonster

      Hey!! Took the red pill, huh? Free your mind, welcome to the real world.

  • SiliconAddict

    Dr. Egon Spengler: I'm worried, Ray. It's getting crowded in the handset market and all my data points to something big on the horizon.
    Winston Zeddemore: What do you mean, big?
    Dr. Egon Spengler: *Hold up a twinkie* let's say this Twinkie represents the normal amount of douchebaggery in a company. Based on this morning's sample of Apple, it would be a Twinkie... thirty-five feet long, weighing approximately six hundred pounds.

    • Cameron Summerson

      This could be the most win I've ever seen in one comment before.

  • Rich

    Apple are evil... simple

  • Michael Koch

    Yeah, wow! It's rectangular..... what a rip-off!!!