Cisco, ESA, Activision, Intel, and IBM Oppose ITC ‘Order of Exclusion’ Against Apple and Microsoft

Cisco Systems, the Entertainment Software Association (ESA), Activision Blizzard, Intel, and IBM, are the latest entities to send letters to the International Trade Commission asking them not to institute a ban on the Xbox 360 or various Apple products. Florian Mueller of Foss Patents has the breakdown of why Cisco and the ESA have sided with Microsoft in this particular dispute between the company behind Xbox 360 and Windows and Google-owned Motorola Mobility.

While we'll leave the deeper technical aspects of why Cisco is against the ITC issuing an "order of exclusion" against Microsoft and Apple products, the company believes that something can be worked out between the two companies to deal with the royalty dispute over patents. Basically Microsoft

Here is a choice excerpt from Foss Patents on that:

Coming from the assumption that Motorola "or a predecessor in interest" made a licensing commitment with respect to each of the SEPs-in-suit, Cisco says that "[b]eyond issues of patent validity and infringement, what remains to be resolved between Motorola Mobility and the infringers whose products it seeks to exclude is only the determination of a reasonable royalty". Cisco suggests that Motorola address this issue to "the federal district courts in which parallel litigation between Motorola Mobility and its accused infringers is already pending". While Cisco recognizes that an import ban is "the only remedy the ITC can provide", it notes that this "is one that Motorola Mobility denied itself by committing to license the various standards-essential patents it has asserted in the two investigations".

The ESA also put its two cents in saying basically that allowing an “order of exclusion” against Microsoft would hurt the public good – consumers would be deprived of buying a products, and game developers and publishers would not be able to reach new customers with software they had made from the platform . From the ESA's letter to the ITC:

The availability of competitive video game consoles is good for consumers, game publishers, the gaming ecosystem, and for driving further innovation in this significant portion of the U.S. economy. Given the harm an exclusion order would impose on game publishers and consumers, the public interest is best served by not issuing an exclusion order. MMI would suffer no equivalent harm, and any harm MMI would suffer can be remedied financially.

You can read the entire letter at Foss Patents.

All this happened on Friday and a lot has happened since then in a number of patent cases. It can not be said enough that Foss Patents is the de facto stop for all things related to these ongoing patent disputes between Google, Apple, HTC, Microsoft and more. Over the weekend the site posted multiple stories on these never-ending fights including:

IBM, Activision Blizzard latest heavyweights to oppose Xbox import ban requested by Google

ITC doesn't allow HTC to assert Google's patents against Apple — Rent-a-Patent model fails

Intel and AT&T join the FTC, Apple, Microsoft, HP, Cisco, Nokia and others in opposing import bans over standard-essential patents

Apple and Samsung agree on Tuesday and Thursday deadlines in Galaxy S III dispute

Full Disclosure: Florian Mueller has worked for Microsoft on patent issues in the past.

Source: Foss Patents

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