John Paczkowski

Recent Posts by John Paczkowski

Apple: All iPad and iPhone Models Will Be Back on Sale Online in Germany Shortly

That was fast.

Apple, which has spent the past day pulling older model iPhone and iPad inventory from the shelves of its online store in Germany, is now scrambling to restore it. This morning, a court temporarily suspended an injunction that prevented Apple from selling or distributing iOS devices believed to infringe certain Motorola Mobility patents.

In a statement given to AllThingsD, Apple confirmed that the iPhone 3G, iPhone 3GS, iPhone 4 and 3G/UMTS-based iPads should be returning to the shelves of its German online store in a matter of hours.

“All iPad and iPhone models will be back on sale through Apple’s online store in Germany shortly,” an Apple spokeswoman told AllThingsD. “Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”

The injunction at issue here was granted last December, but wasn’t served until recently, sources say. Apple began making the appropriate adjustments to its German online store earlier this week, while continuing to appeal the injunction, which was subsequently suspended this morning.

So what happens next? Well, this is only a temporary suspension. So, at best, it’s a brief reprieve for Apple, until the legal issues surrounding it are resolved. Top among them: Apple’s argument that Motorola Mobility is not honoring the FRAND licensing obligations (fair, reasonable and non-discriminatory) it has on some standards-essential patents.

“In a best-case scenario for Apple, the suspension would now be in effect until the appeals court makes a decision on Apple’s appeal,” FOSS Patents’ Florian Mueller explains. “In that case, it would be in effect for well over a year.”

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