What we called it as a proper setback – this is what happens today in German’s Mannheim Regional Court – the Judge Andreas Voss announced that a Motorola Mobility lawsuit over a patent declared essential to the 3G/UMTS wireless telecommunications standard has been dismissed.
The ongoing patent spat between Motorola and Apple which has reached an interesting twist two days back when Motorola has offered to end the patent dispute and license its wireless patents to Apple – in exchange for 2.25 percent of Apple’s sales.
The judge explained the patent in question, EP1053613, stating, “Motorola Mobility failed to present conclusive evidence for its infringement contention.” Motorola Mobility on this argues, “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.”
It’s undoubtedly major victory for Apple, which had been suffering through something of a losing a big fish against Motorola. Recently German court granted an injunction against sales of many of Apple’s 3G-bearing products, including older model iPhones and the iPad. That injunction held for less than a day, however, pending further review of Motorola’s claims against Apple.