Injunction Against iCloud Push Notifications Upheld In Germany

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In early February we brought you news that Motorola had won an injunction involving the use of push email notifications with iCloud. A German court ruled that Apple's push notification system infringed on one of Motorola's patents, and issued a permanent injunction that prohibited Apple from using the system. Apple responded by shutting down iCloud push notifications for German users, and by filing an appeal.

Today, the court ruled on that appeal. They upheld the injunction, ruling that Apple could not use push notifications for iCloud in Germany, and that Apple was required to pay Motorola damages for its infringement of the patent. The amount of the damages was not set.

Courts in Germany have shown a particular tendency to side with patent holders in cases like this, making the country a favorite place for companies like Motorola to file suit if they feel their patents have been infringed. Motorola is currently locked in a similar battle with Microsoft in German courts, and is expected to receive an injunction on Tuesday blocking the sale of Microsoft products that use the H.264 video codec (i.e., Windows 7, Internet Explorer, and the Xbox 360). Microsoft, however, has accused Motorola of refusing to meet its obligations to license the patent fairly, and yesterday won an injunction in Seattle barring Motorola from enforcing any injunction the German court might grant.

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