There has been a conflict in decisions between two different courts in Germany and in the U.S. over Motorola’s patent lawsuit against Microsoft. A judge in Germany has ruled overnight that Microsoft is violating two of Motorola’s digital video patents. This would have allowed Motorola to enforce an injunction of Windows 7 and the Xbox 360 in Germany. However a court in Seattle ruled that Microsoft can continue selling products in those contries for now.
U.S. District Judge James Robart granted Microsoft a motion for a temporary restraining order to prevent Motorola from blocking the sales of Windows and Xbox in Germany regardless of what a German court rules. There will be a hearing in Robart’s court next week.
Microsoft believes that the larger issue is not whether they violated the patents, but whether Motorola is making unreasonable demands for royalties on their technology.
Google is in the process of acquiring Motorola Mobility for $12 billion. The patents Google would gain from the acquisition would make them a legal powerhouse in the mobile industry. They will gain 17,000 patents as a result of the acquisition. Using their parents, Microsoft had been successfully able to receive patent royalties from Google Android manufacturers themselves.
?This is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms for the benefit of consumers who enjoy video on the web. Motorola is prohibited from acting on today?s decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola?s broken promise,? said Microsoft in a statement.
A Motorola spokeswoman said:
?We are pleased that the Mannheim Court found that Microsoft products infringe Motorola Mobility?s intellectual property. As a path forward, we remain open to resolving this matter.?