“After months of briefing and in-depth analysis, the Oberlandesgericht München (Munich Higher Regional Court) granted a motion by Apple to stay the enforcement of a Germany-wide patent injunction Qualcomm had obtained from the Landgericht München I (Munich Regional Court). Apple had worked around that injunction anyway, and its effects were as minimal as they were short-lived,” Mueller writes. “But the implications for patent enforcement in Germany — a sizable market in which injunctions have so far (change may be coming soon) been granted as a near-automatic legal remedy.”
“Now, after almost four months, there’s justice. Apple’s lead counsel in this action, Hoyng Rokh Monegier’s Klaus Haft, who is regarded as one of Germany’s best patent litigators, brought a motion back in December asking the appeals court, the Munich Higher Regional Court, to stay the enforcement of Qualcomm’s injunction pending the appeal. That appeal won’t be resolved anymore after yesterday’s global settlement,” Mueller writes. “Nut I’ve been able to receive official confirmation from a spokeswoman (an appellate judge in her main capacity) for the Munich Higher Regional Court that Mr. Haft’s motion had been granted because Presiding Judge Konrad Retzer’s panel of three appellate judges determined (on a preliminary basis since a final appellate opinion would require full-blown appellate proceedings) that the lower court had erred in three ways.”
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MacDailyNews Take: Sham goes down in defeat once again.
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