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Apple gets around iPhone and iPad ban in Germany

by on08 November 2011

Android war continues in Europe

Jobs' Mob's legal war to remove competition in the EU has hit a snag in that one of its rival's legal tactics has actually worked.

Theoretically it should be illegal to sell an iPad or an iPhone in Germany after a Mannheim judge issued the default judgement on Friday, after Apple failed to defend itself against Motorola's claims that it nicked its ideas. Motorola accused Apple of violating two patents in its mobile products.

However Apple has responded to the news by saying it was "a procedural issue [that] has nothing to do with the merits of the case". An Apple spokesman said that the default judgement "does not affect our ability to do business or sell products in Germany at this time". This is because Motorola sued Apple, the US parent company, and not Apple GmbH, the company's local subsidiary.

However patent commentator Florian Mueller tells us that Apple's German online store appears to be run by Apple and the parent company also has to deliver more iPhones and iPads to its German branch if it is to continue selling products in that country, once current retail stocks have been depleted. If the court gets miffed at this, Apple could face a fines of up to €250k for each violation, and a German court could even call for a six-month prison sentence for Apple execs.

More here.

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