Like you said:
If you use iCloud Mail and your iOS Device is in Germany then ist wont work. Irrelevant which iOS Version you have.
Ist is NOT a technical issue!
German laws won't allow Apple to use a push service at all. If the patent remains legal and Google (Motorola) won't accept normal fees from Apple, nothing will change.
I hope a german judge will change this patent. Given not for email. Or Google would accept patent use price from Apple.