Microsoft v. Motorola Patent War Takes Odd Turn

April 12, 2012 -

A United States District Court has ruled that Microsoft can continue to sell Windows and Xbox 360 products in Germany - even if a German court rules in favor of an injunction request filed by Motorola. The dust up (as reported by Ars Technica) is related to a patented technology essential to the H.264 video standard, which Microsoft uses in its software products. To say the ruling is unusual would be an understatement because a U.S. Court is basically interfering in a region it doesn't have any jurisdiction over.

Judge James Robart of the US District Court for the Western District of Washington granted Microsoft a temporary restraining order after agreeing with the company's argument that allowing the German Court's injunction to go forward might compel Microsoft to negotiate a license under German law. In turn, the US court would lose its opportunity to make its own ruling on similar licensing issues. Microsoft argued that the US court should be the one to rule on the issue because Microsoft filed its lawsuit against Motorola over the terms of a licensing deal before Motorola filed its lawsuit in Germany.

Motorola Mobility sued Microsoft over the use of technology related to the H.264 video standard. Microsoft countered that Motorola is trying to charge fees that are too high for patents licensed under FRAND (fair, reasonable, and nondiscriminatory terms). The German court is expected to rule April 17 on Motorola's motion to prevent the sale of Windows software and the Xbox 360. The U.S. Court ruling "bars Motorola from taking steps to carry out injunctive relief granted by the German court until the US court rules on an original patent case filed in Seattle,"

Source: Ars Technica


Comments

Re: Microsoft v. Motorola Patent War Takes Odd Turn

In this case the US is not interfering with another court, they are saying that motorolla cannot enforce the injuction, not that the other court can not force an injunction. This is not a minor detail.

Re: Microsoft v. Motorola Patent War Takes Odd Turn

"The German court is expected to rule April 17..."

So it's especially weird because a court is ruling at the same time as another court?

Re: Microsoft v. Motorola Patent War Takes Odd Turn

It would be nice to have a link to the actual text of the decision :|

Re: Microsoft v. Motorola Patent War Takes Odd Turn

"To say the ruling is unusual would be an understatement because a U.S. Court is basically interfering in a region it doesn't have any jurisdiction over."

Well, interfering in other regions of the world is certainly one of the things the US does best.

Re: Microsoft v. Motorola Patent War Takes Odd Turn

Or worst...  ;)

Well, that's not really fair either.  How about "most"?  I think we can all agree on "most".

 
Forgot your password?
Username :
Password :

Poll

How do you feel about Amazon buying Twitch?:
 

Be Heard - Contact Your Politician