To Motorola's chagrin, court won't impose sales ban on Windows, Xbox
4th Dec 2012 | 00:55
Microsoft good in Germany, too
A U.S. District judge denied a Motorola plea for a sales injunction on Microsoft's Windows, Xbox and other products Friday, saying that a US sales ban isn't the right course of action to take in the patent dispute.
The judge's order pertaining to one patent also extends to Germany, where a lawsuit between the two is also ongoing.
The court sided with Microsoft's argument that an injunction isn't the proper form of relief because Motorola failed to show irreparable harm or that alleged infringements can't be compensated monetarily.
The lawsuit, taking place in Seattle, involves two patents - the H.264 advanced video coding technology standard and the 802.11 wireless local area network standard.
Work it out
Because Motorola owns an entire portfolio pertaining to patent H.264, the court's order extends across the pond to the German lawsuit.
Judge James L. Robart, who issued the order, agreed with Microsoft in saying that the company is entitled to license Motorola's patents.
The Google-owned company wanted the products banned until Microsoft paid licensing feeds, while Microsoft has offered to pay a royalty on the H.264 portfolio as long as it falls under fair, reasonable and non-discriminatory (FRAND) terms.
Litigation will continue, Robart said, to determine the terms of a licensing agreement for both the H.264 portfolio and the 802.11 patents, a decision that bars an injunction based on either.
According to CNET, Motorola wants Microsoft to pay $4 billion for what it alleges is illegal use of its technology. Microsoft counters that amount is asking for too much.
While last week's win is a huge score for Microsoft, a final ruling might not come down until spring of 2013.
The Redmond company can at least breathe easy now that its two most recognizable products won't be banished from two populous countries.