German appeals court Karlsruhe Higher Regional Court has announced its decision to stay an appeal in the Apple v. Google’s Motorola Mobility case over a push notification patent. This development could allow iCloud push functionality to return for German users.
Back in February 2012, Apple suspended iCloud/MobileMe push functionality in Germany due to successful patent litigation from Motorola Mobility for a push notification patent. FOSS Patents reports that the patent is likely invalid.
The Mannheim Regional Court on Friday announced its finding that Microsoft, which also faces an assertion of this patent, is licensed, ruling out injunctive relief and staying the damages-related part of the case due to doubts as to the validity of the patent.
Motorola’s push notification patent comes under an ActiveSync licensing agreement with Microsoft, which allows both Microsoft and Apple to challenge the patent.
FOSS Patents notes that the development could allow iCloud push functionality to return for German users.
By now the appeals court has fully evaluated Apple’s invalidity contentions, and on this basis I believe a renewed motion on Apple’s part to seek a stay of Google’s enforcement of what appears to be a highly dubious patent will succeed shortly, giving German iCloud users their push notifications of new email messages back.
The German push notification dispute is just one small part of a larger legal battle between Apple and Google’s Motorola subsidiary. Earlier this week, the International Trade Commission found a Motorola sensor patent invalid. The patent threatened imports of the iPhone 4 into the U.S. Earlier this month, U.S. District Court Judge Robert Scola had harsh words for both Apple and Google for their patent disagreements, and has given them four months to streamline that particular case.
