Motorola Wins Ban Against Microsoft In Germany

Motorola Wins Ban Against Microsoft In Germany

Although held in restraint at this time, the possibility looms large now

Written by DavieMarshall on 03 May 12 at 02:57

Not too long ago I wrote up an article detailing a patent dispute between Motorola Mobility and Microsoft pertaining to the Xbox 360 and certain Windows products. Well today threw us a massive curve ball as Motorola won the right to block sales in Germany.

But wait, it's not that clear cut. Yes, Motorola have been awarded the victory in a German ruling which would permit them to block sales of these products, but the verdict has been put under restraint by the US courts until the matter has been considered by themselves. Confused yet? The restriction was enforced on the back of Microsoft counter-claim which stated Motorola was heavily abusing their Frand-commitments. In simple terms this is an agreement to make available innovations deemed critically important to common and widely implemented technologies under a "fair, reasonable and non-discriminatory" agreement. A decision is expected to be reached on May 7th with there being a possibility that German sales of "Xbox 360 games console, Windows 7 system software, Internet Explorer and Windows Media Player" will be banned outright. As with many of these kinds of things, the verdict may be delayed well past May 7th.

Motorola have issued a statement on the ruling saying:

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. Fair compensation is all that we have been seeking for our intellectual property.Microsoft have replied in kind with the following statement issued to the press which includes some snippets of previous soundbites:

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.
Microsoft is fighting many wars on many fronts against many companies; Motorola, Apple, Android, Mozilla, Linux, Sony, Nintendo... it's a wonder they can keep a straight head as the full scale assault shapes up from all sides. Many of you correctly noted that Motorola Mobility is currently in the process of confirming a takeover bid from Google - this is currently held up by the Chinese courts who have yet to approve the deal.

This is shaping up to be a very interesting scenario with plenty of heavy hitting blows being traded, and Microsoft being forced to fall back on technicalities to stall for time at the moment. I would expect Microsoft to fall back on every possible technicality possible before even considering talking settlement figures with Motorola. If you think this is but a 'patent-troll dance' between two behemoth companies, bear in mind that Microsoft have actually moved their European software distribution centre in full from Germany to the Netherlands in anticipation of minimising the fallout of these proceedings. They are not taking this lightly.

Thanks to all of the community members who suggested this news item!
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A KING 84
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Posted on 03 May 12 at 03:00
kill microsoft hahaha jk i will actually have to keep an eye on this
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keoskey
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keoskey - Season 1 of Bleach Free on xbox Video http://video.xbox.com/featured-set/fh_bleachfreeseasonsale_360
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Posted on 03 May 12 at 03:02
The day Microsoft Dies is the day i stop playing video games
[url=http://xboxamerica.com/?r=card-23392][img]http://xboxamerica.com/gamercards/slim-summary/keoske
Jakeythedude
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Posted on 03 May 12 at 03:13, Edited on 03 May 12 at 03:14 by Jakeythedude
Clash of the Titans. Does not bode well for us mere mortals.
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StoicVampirePig - Kicking ass and playing games.
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Posted on 03 May 12 at 03:15
keoskey said:The day Microsoft Dies is the day i stop playing video gamesLOL, saddo...

Seriously, wtf has microsoft really done for videogaming?

But fine, you're only saying it cause you know it won't happen anyway.clap
Strykerz911
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Strykerz911 - I left COD for Gears, and now Gears feels too much like COD to enjoy properly...
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Posted on 03 May 12 at 03:18
Sucks for Germany...
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Posted on 03 May 12 at 03:23
StoicVampirePig said:keoskey said:The day Microsoft Dies is the day i stop playing video gamesLOL, saddo...

Seriously, wtf has microsoft really done for videogaming?

But fine, you're only saying it cause you know it won't happen anyway.clap
Maybe you're unaware but Microsoft is actually a major player in gaming's history. If you don't think so, maybe you should pay more attention.
JMJimmy
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Posted on 03 May 12 at 03:28
In other news Microsoft to win ban on Motorola phones into the USA and it all becomes moot and nothing changes.
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Vulpine Phantom
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Posted on 03 May 12 at 03:32
Well, guess they wont be able to play doom again :P Some one is sore that game finally came through
alklein92201
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Posted on 03 May 12 at 03:44, Edited on 03 May 12 at 03:45 by alklein92201
I'm 100% with Microsoft on this one. Motorola is telling Microsoft to pay as much for a single patent license, as most FRAND deals charge for hundreds. Fair and reasonable? My ass.
KanjiKoka
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Posted on 03 May 12 at 03:54
JMJimmy said:In other news Microsoft to win ban on Motorola phones into the USA and it all becomes moot and nothing changes.You love the word moot. shock

OT: Loopholes facepalm
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MugenKairo
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keoskey said:The day Microsoft Dies is the day i stop playing video gamesThat would mean I can finally play all the backlog of games while no new ones come out. As long as they have no online achievements I can cheevie whore to my hearts content & finally reach the golden lands of 99.5% completion!
'If at first you don't succeed, you fail' GLaDOS
JMJimmy
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Posted on 03 May 12 at 04:23
KanjiKoka said:JMJimmy said:In other news Microsoft to win ban on Motorola phones into the USA and it all becomes moot and nothing changes.You love the word moot. shock

OT: Loopholes facepalm
moot: An issue presenting no real controversy.

It's amazing how many issues are on the web in the form of a controversy that are in fact moot.
Life, it's funny that way.
Epsilon Theta
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Posted on 03 May 12 at 04:34
Companies choose Germany as their battleground because, in my humble opinion, judges seem to be dazzled by the technical details. See the case of Apple VS Samsung on the design license for iPads which was supposedly being infringed by the Galaxy 10.1. Apple won yet not much of it has been felt throughout the world. It is just one more card in their deck to trade for leniency in some other domain.
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Posted on 03 May 12 at 04:36, Edited on 03 May 12 at 04:37 by Beast Incarnate
I honestly didn't know Motorola still made phones, between Apple and Android I thought they'd been defunct. But I think this will be a case of Microsoft hiring more lawyers and winning that way, either way Xbox will still be going strong until at earliest the next console generation.
JMJimmy
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P3NGU1N 50LD13R said:I honestly didn't know Motorola still made phones, between Apple and Android I thought they'd been defunct. But I think this will be a case of Microsoft hiring more lawyers and winning that wat, either way Xbox will still be going strong until add earliest the next console generation.Motorola runs Android and Google just bought them for 12.5 billion
Life, it's funny that way.
Colbadiah777
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Colbadiah777
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Posted on 03 May 12 at 04:59
Germans love David Hasselhoff!

German judges seem to be less keen on Microsoft though.
alklein92201
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Colbadiah777 said:Germans love David Hasselhoff!I actually found out over the weekend that changed several years ago. My new brother-in-law's family is German as can be, and when they came from Germany for the wedding, someone joked about that and they acted like the guy was mentally insane for thinking Germans still love that guy laugh
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MS should put their german products on sale and sell a ton, just to piss of motorola.
Rabbska
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http://www.thisamericanlife.org/radio-archives/episode/441/w...