U.S. Appeals Court Says Motorola Cannot Enforce Injunction Against Microsoft In Germany

Posted Sep 29, 2012

An appeals court in the United States ruled yesterday that Google subsidiary Motorola Mobility cannot enforce a patent injunction that they obtained against Microsoft in Germany.  The injunction would have blocked Microsoft from “offering, marketing, using, or importing” the Xbox 360 and Windows software in Germany.

The ruling against Motorola came from the 9th U.S. Circuit Court of Appeals in San Francisco.  Microsoft deputy general counsel David Howard said that they were pleased with the ruling.  The Xbox 360 is the leading video game console in the U.S.  Microsoft is expected to launch the next generation Xbox video game console in 2013.

Microsoft said that Motorola’s patents are standard and that Motorola was asking way too much in royalties.  Microsoft filed a lawsuit against Motorola in the U.S. in 2010.  Motorola filed a lawsuit against Microsoft in Germany afterwards.

U.S. District Judge James Robart in Seattle granted Microsoft’s request to put the German order on hold earlier this year after a court in Mannheim issued the sales ban.

This ruling would remain in effect until he can determine whether Motorola can seek a sales ban based on their standard essential patents.  This case was filed in the 9th Circuit is Microsoft Corporation vs. Motorola Inc, Motorola Mobility Inc and General Instrument Corporation, 12-35352.