Apple filed a stealth lawsuit last summer alleging that the Motorola Xoom violated the design patent that underpins the iPad. While Apple has had some success leveling its big patent gun against Samsung, the same can't be said for Motorola: a German court just declared that the reference Android tablet doesn't infringe on Apple's design claim. The ruling isn't a complete win for Motorola, however, as the court wouldn't invalidate the patent -- it could theoretically be leveled against other tablets in the future. The loss will still sting for Apple, which now has to resort to a multi-touch patent claim (among others) if it wants to make Motorola feel the heat in Mannheim.