By: Gigaom
Motorola v. Apple 3G patent suit tossed by German court
Just a week after Motorola was awarded two significant victories in a German court over Apple, the companies' luck have changed. On Friday, a judge ruled he would not grant an injunction against Apple products on the basis of a 3G/UMTS patent claimed by Motorola.

Just a week after Motorola was awarded two significant victories in a German court over Apple, the companies’ luck have changed. On Friday, a judge ruled he would not grant an injunction against Apple products on the basis of a 3G/UMTS patent claimed by Motorola and dismissed the suit.

Patents blog FOSS Patents explains:

The judge explained that the court does not hold Apple to infringe claim 9 of EP1053613 on a ‘method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal’. In the court’s opinion, MMI failed to present conclusive evidence for its infringement contention.

Motorola had argued that the patent named above was “essential,” meaning that someone — in this case, Apple — would have to use technology covered by the patent if they’re using an industry-standard practice. The problem is, the judge didn’t see it that way and says Motorola didn’t present a convincing case that the patent was essential.

Just a week ago, Motorola claimed victory on two separate rulings related to its ongoing intellectual property battle with Apple. In the first, an injunction was granted against older iPhone and iPad models that infringed on a GPRS-related patent. And in the second, Motorola won an injunction against Apple devices that receive push email notifications from its iCloud system in Germany. Apple said it would appeal both.

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