Apple Requesting Potential Motorola Bond of Up to $16 Billion in German Patent Case

Several weeks ago, it was reported that Apple was requesting that Motorola be required to put up a $2.7 billion bond should it prove victorious in a German patent case and decide to enforce that ruling against Apple. Such a bond is common practice in the German court system and would be used to compensate Apple for the time its products were out of the market should Apple win on an appeal of the ruling.

Importantly, no such initial ruling has yet been made against Apple, but FOSS Patents' Florian Mueller stated that last month's proceedings had hinted that the judge in the case was skeptical of Apple's defenses against Motorola's claims of infringement of a data synchronization patent by iCloud.

motorola mobility logo wordmark
FOSS Patents now follows up with a report from a new hearing on the case in which it was revealed that the $2.7 billion bond requested by Apple was actually an annual sum. With a Motorola lawyer suggesting that the trial and subsequent appeals could drag on until 2018, Apple's bond request could amount to a total of $16.2 billion over a potential six-year period beginning in 2012.

At the hearing two weeks ago, the amount appeared to be an all-time total. Today it was clarified that this is an annual figure. But the period of time for which Motorola Mobility might have to post a bond would span far more than one year.

One of Motorola's lawyers mentioned the year 2018 today. Considering that the relevant cases are up for decision in February 2012, we're then talking (hypothetically) about six years, or six times $2.7 billion, or $16.2 billion.

Mueller points out that the potential bond amount would exceed the $12.5 billion price Google has proposed for purchasing all of Motorola Mobility. He goes on to note that it is unclear whether the judge in the case will accept Apple's claim of a $2.7 billion per-year risk should an injunction be enforced, but that Apple's structure of funneling much of its European operations through the Irish subsidiary targeting in the case could indeed lead to substantial risk for the company.

Motorola would of course also have to enforce a decision against Apple for the bond to be required. The company would not be required to do so, and while continued litigation of the matter might suggest that Motorola would seek to enforce a decision, patent lawsuits are frequently conducted in order to put pressure on competitors to reach some sort of settlement prior to a final judgment being rendered.

Popular Stories

Apple Vision Pro 2 Feature 2

Apple Reportedly Suspends Work on Vision Pro 2

Tuesday June 18, 2024 8:17 am PDT by
Apple has suspended work on the second-generation Vision Pro headset to singularly focus on a cheaper model, The Information reports. Apple was widely believed to have plans to divide its Vision product line into two models, with one "Pro" model and one lower-cost standard model. The company is said to have been deprioritizing the next Vision Pro headset over the past year, gradually...
apple watch series 9 display

Kuo: Apple Watch Series 10 to Get Larger Screen and Thinner Design

Monday June 17, 2024 1:20 am PDT by
This year's Apple Watch Series 10 will be thinner and come in larger screen sizes than previous models, according to Apple analyst Ming-Chi Kuo. In his latest industry note -10-and-98075c44ce92">shared on Medium, Kuo said the screen size options on the next-generation Apple Watch will increase from 41mm to 45mm, and from 45mm to 49mm, while being encased in a thinner design. For reference,...
2022 back to school apple feature

Apple's 2024 Back to School Sale Launching This Week

Monday June 17, 2024 12:27 pm PDT by
Apple will launch its annual Back to School promotion for university students in the United States and Canada this week, according to Bloomberg's Mark Gurman. Apple's back to school sales provide students with a free Apple gift card when purchasing a Mac or an iPad, and this year's promotion could help Apple push the new M2 iPad Air and M4 iPad Pro models. Last year, Apple offered U.S....
Apple Pay Later feature 1

Apple Discontinuing Apple Pay Later

Monday June 17, 2024 11:44 am PDT by
Apple is discontinuing Apple Pay Later, the buy now, pay later feature that it just launched last October. Apple Pay Later is being discontinued as of today, but people who have existing Apple Pay Later loans will be able to continue to pay them off and manage them through the Wallet app. Apple announced plans to end the feature in a statement provided to 9to5Mac, which also notes that...
iOS 18 CarPlay Feature

iOS 18 Adds These 5 New Features to CarPlay

Thursday June 13, 2024 7:44 am PDT by
Apple did not mention CarPlay during its WWDC keynote this week, but iOS 18 includes a handful of new features for the in-car software. Overall, there is not a whole lot new for CarPlay on iOS 18, with changes seemingly limited to the Messages and Settings apps so far. Below, we recap everything new for CarPlay on iOS 18. New for CarPlay on iOS 18 1. Contact Photos in Messages App...
iPod Nano vs iPod Pro Ad Feature 1

Apple Developing Thinner MacBook Pro, Apple Watch, and iPhone

Monday June 17, 2024 2:22 am PDT by
Apple intends to slim down the MacBook Pro, Apple Watch, and iPhone, with the new ultra-thin M4 iPad Pro a sign of the company's new design trajectory, according to Bloomberg's Mark Gurman. When the M4 iPad Pro was unveiled last month, Apple touted it as the company's thinnest product ever, and even compared it to the 2012 iPod nano to emphasize its slim dimensions. Writing in the latest ...
watchOS 11 Thumb 2 1

watchOS 11 Supports Automatic Nap Detection

Monday June 17, 2024 4:05 pm PDT by
watchOS 11 appears to include a new feature that allows an Apple Watch to automatically detect and record when you're taking a nap. As shared on Reddit, an Apple Watch owner took a nap and was able to see the sleep data recorded in the Health app, despite not putting the device in Sleep Mode. Right now, the Apple Watch only tracks and records sleep when it is in Sleep Mode, and there is no...

Top Rated Comments

*LTD* Avatar
164 months ago
Microsoft in their worst day was never as disgusting as Apple had been lately (downrate if your a fanboy).
Apple is not a convicted monopoly abuser.

Apple has to actually reach *this* level:

http://en.wikipedia.org/wiki/United_States_v._Microsoft

Microsoft Chairman Bill Gates was called "evasive and nonresponsive" by a source present at a session in which Gates was questioned on his deposition.[2] He argued over the definitions of words such as "compete", "concerned", "ask", and "we".[3] BusinessWeek reported, "Early rounds of his deposition show him offering obfuscatory answers and saying 'I don't recall' so many times that even the presiding judge had to chuckle.

Worse, many of the technology chief's denials and pleas of ignorance have been directly refuted by prosecutors with snippets of E-mail Gates both sent and received."[4] Intel Vice-President Steven McGeady, called as a witness, quoted Paul Maritz, a senior Microsoft vice president as having stated an intention to "extinguish" and "smother" rival Netscape Communications Corporation and to "cut off Netscape's air supply" by giving away a clone of Netscape's flagship product for free. The Microsoft executive denied the allegations.[5]

A number of videotapes were submitted as evidence by Microsoft during the trial, including one that demonstrated that removing Internet Explorer from Microsoft Windows caused slowdowns and malfunctions in Windows.

In the videotaped demonstration of what Microsoft vice president James Allchin's stated to be a seamless segment filmed on one PC, the plaintiff noticed that some icons mysteriously disappear and reappear on the PC's desktop, suggesting that the effects might have been falsified.[6] Allchin admitted that the blame for the tape problems lay with some of his staff "They ended up filming it -- grabbing the wrong screen shot," he said of the incident.

Later, Allchin re-ran the demonstration and provided a new videotape, but in so doing Microsoft dropped the claim that Windows is slowed down when Internet Explorer is removed. Mark Murray, a Microsoft spokesperson, berated the government attorneys for "nitpicking on issues like video production."[7] Microsoft submitted a second inaccurate videotape into evidence later the same month as the first. The issue in question was how easy or hard it was for America Online users to download and install Netscape Navigator onto a Windows PC. Microsoft's videotape showed the process as being quick and easy, resulting in the Netscape icon appearing on the user's desktop.

The government produced its own videotape of the same process, revealing that Microsoft's videotape had conveniently removed a long and complex part of the procedure and that the Netscape icon was not placed on the desktop, requiring a user to search for it. Brad Chase, a Microsoft vice president, verified the government's tape and conceded that Microsoft's own tape was falsified.
[8]

Abuse of monopoly, lying (or perjury, provided they were under oath), presenting false evidence in court, etc.

Sorry. Apple is *nothing* like Microsoft. Nothing they've done to date even approaches that.

Microsoft in their worst day was never as disgusting as Apple had been lately (downrate if your a fanboy).
Downrated because you're wrong. Good enough?

----------


Yeah, reputation doesn't exist.

Apple doesnt have a case, they'll lose time, money on their new team of lawyers, etc.
All Apple need is continued consumer mindshare. And these legal activities will have the same effect on sales of Apple gear as they've always had: zero. The last thing the consumer gives a damn about is Apple's legal activities. They just want the next iPad and iPhone. Thats's what the game is about. There are no other considerations involved.

"No, son/dear, you can't have that iPad this Christmas because Apple is being mean in court." LOL if you think this scenario has any basis in reality you need your head checked. The average consumer doesn't think that way, not even remotely, and never will. No matter how much this Apple vs. Samsung business gets reported, it a) won't help Samsung sell a product that no one really wants, and b) won't register with the consumer to any substantial degree.

Get real. This isn't the United States vs. Microsoft. It's some shady Korean appliance-maker (https://forums.macrumors.com/showpost.php?p=13394128&postcount=26) vs. Apple.

No one really cares except for the litigants.
Score: 21 Votes (Like | Disagree)
charlituna Avatar
164 months ago
:rolleyes: That is just beyond pathetic of apple.
Not at all. If Motorola wins it could stop sales of the affected Apple products. Generally when an appeal is filed it doesn't lift the sales ban until the case is heard, which could take years of back and forth filings etc.

And what Apple has asked for is within what local law allows and is deemed SOP for such cases.

Now if Motorola wins and they don't demand a sales ban, or if Apple doesn't win the appeals, no money changes hands because Apple was never blocked from selling and making their money that way.
Score: 18 Votes (Like | Disagree)
Swift Avatar
164 months ago
Apple is becoming the very thing it fought against in 1984.

Great pity, because their arrogance in recent years is astounding.

Oh, balderdash. They have a business model. There is a body of patent law. They have the patents to defend. Legal contents are a kind of ritual combat, it's true. Google gives its OS for free to anyone, which encourages everyone to copy Apple in such a way that they are coasting on the years of work that Apple did developing a brand-new platform.

This is not "Big Brother," this is good old capitalistic competition in the legal system. If they weren't copying, then they will win and Apple will have delayed them slightly and imposed a cost that the Google gambit freed them from: either writing their own OS or paying for licensing.

All they have to do is create something new.

Maybe the patent and trademark laws need changing, but playing tennis without a net as you seem to propose isn't the answer for protecting innovation.
Score: 16 Votes (Like | Disagree)
Gasu E. Avatar
164 months ago
:rolleyes: That is just beyond pathetic of apple.

I can see the fanboys are downrating this even though they know it's true.

You don't think an iCloud ban in Germany would cost Apple $2-3B per year in lost business? Do you have an alternate sum in mind?
Score: 15 Votes (Like | Disagree)
DeathChill Avatar
164 months ago
I'm not really sure why anyone is outraged to be honest. My wife works with lawyers and they want to win so they do everything legally allowable. I'm quite certain no company ever tells their lawyers, "we don't really want to win so don't try too hard."
Score: 14 Votes (Like | Disagree)
MacAttraction Avatar
164 months ago
Apple is all wrong ?!!!!???!!

So, when Apple starts a litigation against thoses who may have allegedly infringed on their IP, people scream "Apple is a B!tch.......!!..." and when it is defending itself from others who file a litigation against Apple, people still scream "Apple is a B!tch.......!!.."? So seems like Apple is in a no win situation :confused::)
Score: 14 Votes (Like | Disagree)