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Apple Wants Motorola Mobility to Post $2.7 Billion Bond

How Apple derived the $2.7 billion figure is unclear

If Motorola Mobility wins an injunction in Germany against iCloud for infringing an MMI patent, Apple wants it to post a $2.7 billion (€2 billion) bond that could be forfeit if Apple gets the injunction overturned on appeal.

FOSS Patents blogger Florian Mueller, who attended the Regional Court hearing in Mannheim on Friday where Apple voiced its demand, figures MMI is "fairly likely" to get its injunction on February 3. He'll be surprised if MMI didn't enforce it.

He said the court "doesn't appear to buy any of Apple's defenses at this stage."

How Apple derived the $2.7 billion figure is unclear.

Naturally MMI found the demand excessive and the court appeared skeptical of the sum suggesting there are alternatives but the charges might be construed to indict any products that contain iCloud client software.

Florian isn't sure what Apple's game plan is. "Maybe Apple doesn't concede that there are viable workarounds just in order to maximize the bail that Motorola would have to give if it enforces an injunction," he said. "But Apple's concerns over the economic implications of this could also be genuine."

MMI claims Apple is infringing on European Patent 0947654 (B1) covering a multiple pager status synchronization system and method - the equivalent of US Patent No 5,754,119 - one of two patents asserted in an action that resulted in a default judgment against Apple.

The company was paying more attention now; it sent over senior in-house counsel and one of its outside American lawyers to sit with its German lawyers, but it still couldn't get the scope of the patent narrowed.

There are also other actions for injunctions against Apple pending in Mannheim.

See http://fosspatents.blogspot.com/2011/11/motorola-fairly-likely-to-win-german.html and http://fosspatents.blogspot.com/2011/11/how-likely-is-enforcement-of-german.html.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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