Motorola Loses Appeal Against Microsoft

By DavieMarshall, 6 years ago
Cast your mind back to April of this year when we covered the news that Motorola was looking to block Xbox sales in Germany. In need of a quick catch up? Ok here we go:

Motorola (now owned by Google) raised a patent lawsuit against Microsoft's Xbox 360 for infringing the following patents they owned:

- A standard used for video decoding
- Two patents pertaining to WiFi technology
- A method of communication between the Xbox 360 and its accessories

After some back-and-forth between the parties and the ruling judge, it was concluded that two of these patent claims were valid grounds for recompense. Microsoft retaliated by demonstrating that these patents were 'standard-essential' to the industry — basically that they had to incorporate these patents into their product in order to be standards compliant with the various third party software/drivers/hardware that they use.

Motorola were looking for a 2.25% royalty on the end-product price plus an import ban in Germany. This would affect Windows-based products too. Of course, Microsoft rallied the lawyers and mounted their appeal argument in a US court (whose approval was required to enforce the import ban, despite this affecting Germany).

The result? Microsoft's appeal has been upheld and in the last few hours it has been confirmed that Motorola are unable to enforce a sales ban upon Microsoft, neither will they be able to collect royalties on Microsoft's affected end products. David Howerd, Deputy General Counsel for Microsoft, has said that they are "pleased with the ruling". Motorola refused to comment, however.