Apple must post $132 million bond to end Google’s zombie patent trolling in Germany over push email

“Yesterday I reported on an order by an appeals court that enables Apple to stop Google’s (Motorola Mobility’s) enforcement of a push notification patent against the push email feature of the iCloud in Germany,” Florian Müller reports for FOSS Patents. “Enforcement had been going on for more than 18 months, despite the patent having been held invalid again and again and again, and for a plurality of reasons, any single one of which would be sufficient to bust this patent. This is simply a zombie patent: a dead patent walking. But Google, which has been in total control of Motorola Mobility for the better part of the enforcement period, insisted on its right to inconvenience Apple’s Germany-based users.”

“Today the Oberlandesgericht Karlsruhe (Karlsruhe Higher Regional Court) provided me, for a small fee, a digital and anonymized copy of the order to stay enforcement,” Müller reports. “While the order became known only on Monday, it actually came down last Thursday. It states that security to the amount of 100 million euros ($132 million) is required to prevent further enforcement of the injunction (further below you can see it’s twice 50 million euros for technically two injunctions), an amount that is disproportionately high considering how blindingly obvious the invalidity of this patent is.”

Read more in the full article here.

Related article:
German appeals court lifts Google’s bogus patent injunction over push email against Apple’s iCloud – September 3, 2013


  1. It really seems screwy that Apple should have to post this bond for a patent that has been solidly ruled as invalid!

    “Yes, we know you are not in the wrong. However, you must pay for the privlige of not being in the wrong!”

    F’d up I tell ya. F’d up!

      1. Wrong. The bond is to ensure there is money put aside to compensate the other party in case this decision is turned later. It is not paying EU not to enforce anything.

    1. It’s oddly comforting in a weird way to know our U.S. justice department isn’t the only f’kd up one on the planet. But the blatant stupidity still pisses me off.

    1. Baloney. There should be NO bond at all in any case of this kind. Google lost. The law has spoken. The outcome of an appeal has NOTHING TO DO WITH THIS. Too bad if Google gets hurt of the 10th appeal finally overturns the injunction.

      Hey law system: Do you do your job right the first time OR NOT? If you don’t, THAT’S YOUR PROBLEM! YOU PAY GOOGLE THE DAMAGES! Idiots.

      I’m out with my scythe today, if you can’t tell. Death to the incompetent and irresponsible! 💀 And extra hugs to pandas and puppies. 🐼🐶

    1. Google is not only evil about how they are pursuing a patent they already know to be dead, they are evil about BEING evil. They know that it is not only Apple they are hurting, but millions of Germans, just for the sake of it, not because they believe in it. Utterly devoid of anything positive or good.

  2. The German bond was posted 3 seconds after Apple learned about it, paid from petty cash.

    IP legal precedents favoring Apple continue to mount. They accumulate — slowly, yes, but inexorably — like grains of sand dropped one by one onto a pile. In time, the pile becomes unstable. Avalanches occur. Small at first, but increasingly large as the pile grows. The frequency and magnitude of “avalanches” appears random at first, yet is known to follow a beautiful mathematical pattern of many small avalanches, fewer larger ones, and ultimately The Big One. This is How Nature Works. The same process applies to a surprising number of natural settings/events; in fact, it is all around us. (See book with same title by Per Bek, a Danish Nobel-prize winning scientist.). Apple knows this. The process continues. There is no stopping it. The grains of sand accumulate. Small avalanches will lead to larger ones. The IP patent infringers will eventually be buried.

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