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Motorola Loses Rubber-Banding Case Against Apple In Germany

It hasn’t been long since Apple won the injunction against Samsung for infringing on rounded corners, but now Apple has scored another victory against the Android operating system. This time, the victory is for an overscrolling bounce-back patent against Motorola in Germany. This victory is likely going to mean a sales injunction as soon as Apple is able to post its 25 million euro bond, and for an extra 10 million euros, the company will be able to get Motorola to destroy these infringing devices. For another 10 million euros on top of the above 35 million, Apple will be able to force Motorola to announce a recall on their products. Pushing that hard against Motorola will give Motorola a chance to appeal though. Motorola will also have a chance at appealing the damages for this past infringement.

This all probably won’t happen as Motorola will probably get a mandatory update rolling out as soon as possible to remove this infringement. Of course, Apple will always be able to find something new to whine about.

Motorola has been arguing the validity of this patent, “List Scrolling and Document Translation, Scaling, and Rotation on a Touch-screen display,” through the entire case. It seems as if it has proved to be all for nothing though as Apple has obviously defended the patent with great success. They will also defend it again in Mannheim Regional Court on December 7th

Although Google currently own Motorola Mobility and any patent wins against the company ultimately affects the Android operating system, stock Android builds have been using glow effects instead of the rubber-banding for overscrolling for quite a while now. The worse case here is that Google is just going to have to continue finding another work around for these types of issues. Ultimately though, these are all very small details that isn’t really going to impact the Android operating system experience. And who knows, it may just improve it as well.

There has been a massive amount of talk about how many companies are gearing up and willing to sue Apple for LTE patent infringements after the iPhone 5 makes its debut, which could be fairly difficult to get around depending on what company files the lawsuits and on what ground. Some of the infringements may even be subject to FRAND law. So far, we do have one hope though. HTC is suing Apple for a various amount of things and with investigations, their patents are not under FRAND law. That said, HTC may just have a chance at taking a hit at Apple along with a potential sales ban. Whatever the case, should things like rubber-banding actually be patentable? It seems like such a simple feature that really isn’t necessary to patent. This is all just madness, and a lot of us wish it would stop, but I personally want to see Android swipe a victory against Apple. Everything has gotten ridiculous and it’s time someone stepped up and gave them the burning they deserve.

Do you think that Apple was right in this patent, or was it just silly thing to sue Motorola over?

source: android central