Back in February, Motorola had won an injunction in Germany against Apple's iCloud (and MobileMe) push email service and any device like the iPhone, iPad or iPod touch that could access it.
The injunction had forced Apple to suspend the push email service for iCloud and MobileMe customers in Germany. At that time, Apple had stated that it believed that Motorola's patent was invalid and was going to appeal the decision.
The Next Web now reports that Apple has lost its bid to restore push email service for iCloud and MobileMe customers in Germany as the Mannheim regional court upheld the decision made by the lower court. The court is also expected to force Apple to pay damages to Motorola.
As The Next Web points out Apple's only hope is the European Commission, who has opened antitrust investigations against Motorola based on a complaint made by Apple and Microsoft for violating FRAND terms.
The EC seeks to determine whether Motorola’s enforcement of its fair, reasonable and non-discriminatory (FRAND) patents had resulted in a failure to “honour its irrevocable commitments made to standard setting organisations,” the Commission said in a statement.
Apple has mentioned that though the push email service has been disabled, German customers can still download their mails automatically by following these steps using the pull mechanism.
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