Forums - Microsoft Discussion - Update: Jury awards Microsoft $15 million in Motorola patent case

Carl2291 said:
As I posted in the other thread  - This is interesting.

You got locked? it was a duplicate thread.

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The ongoing legal dispute between Motorola and Microsoft over the latter's alleged patent infringements has heated up, with a presiding US judge scolding both parties for their behavior so far.

As reported by GamesIndustry International, Judge James Robart accused the warring factions of using the US District Court as "a pawn in a global, industry-wide business negotiation." He added that both sides are clearly "driven by an attempt to secure commercial advantage".

"To an outsider looking at it, it has been arbitrary, it has been arrogant and frankly it has been based on hubris," he said.

Motorola has accused Microsoft of infringing its patents in Xbox 360 components, while Microsoft claims Motorola is in breach of contract.

German court has already ruled in favour of Motorola, granting an injunction prohibiting sales of the console in the country. However, Robart has issued a temporary restraining order preventing Motorola from enforcing that decision until he has ruled on the US case.

Yesterday he announced that he needs more time to come to a conclusion. According to theSeattle Times, it's thought he will likely deny Microsoft's claim that Motorola breached its contract, but also deny Motorola's motion that Microsoft gave up its right to licenses under reasonable terms.

There's also a parallel dispute running in the US Trade Commission. If rulings go against Microsoft in both cases, it could be banned from importing Xbox 360s into the US from China, with serious ramifications for its production costs.

"We look forward to seeing Judge Robart's decision on today's hearing and we are pleased the temporary restraining order remains in place pending the further ruling from the court," said a Microsoft spokesperson.

Meanwhile, Motorola said: "We remain confident that Motorola Mobility has honored its FRAND commitments, and have a long history of successful and amicable cross-licensing relationships with more than 50 companies.

"Despite this, Microsoft has refused to negotiate and has instead initiated and continued to pursue an aggressive litigation strategy aimed at attacking Motorola Mobility and the Android platform.

"Regardless of their transparent tactics, we are focused on resolving this matter in a way that fairly compensates Motorola Mobility for the use of our valuable IP and protects the interests of our stakeholders."


The Seattle Times

A federal judge in Seattle who last month temporarily prohibited Motorola from enforcing any injunction against the sales of Microsoft products in Germany has converted that temporary restraining order into a preliminary injunction.

Judge James Robart of the U.S. District Court in Western Washington wrote in today's order granting Microsoft's request for a preliminary injunction that:

Based on the evidence before it, the court finds that Microsoft has shown that a German injunction enjoining the sale of Microsoft Software and the Microsoft Xbox in the country of Germany will result [in] irreparable harm. Microsoft has provided this court with convincing evidence that it will lose market share, which will be difficult to regain, and suffer harm to its business reputation.

Judge Robart also wrote that "Motorola faces little injury by an anti-suit injunction. By issuance of an anti-suit injunction, this court is in no way stating that Motorola will not at some later date receive injunctive relief, but only that it must wait until this court has had the opportunity to adjudicate that issue."

While this decision has little immediate practical effect to speak of -- Microsoft currently can sell and will be able to continue selling Xbox and Windows in Germany -- it does mean the prohibition against Motorola remains intact until the U.S. District Court here makes a decision on the case. (That's because the TRO is supposed to be a short-term solution, after which it is dissolved or turned into a preliminary injunction.)

Two related court cases -- one in the U.S. District Court here and one in Mannheim, Germany -- are at issue in this patent battle between the two companies.

Judge Robart's decision today stems from a case Microsoft filed in U.S. District Court for Western Washington in November 2010. That lawsuit claims Motorola breached its contract to provide, at reasonable rates, use of its patented technologies that have become standard in online video viewing and wireless usage.

Motorola's case in Germany, filed there in July 2011, claims Microsoft violates some of Motorola's patents involving those same technologies. That court decided earlier this month that Microsoft does indeed infringe on those Motorola patents and issued an injunction. But because of the Seattle judge's ruling, Motorola is unable to enforce that injunction.

That man just got paid a million dollars by Microsoft. Or at least he should be.

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Maybe it won't be up to Microsoft when they release their next console. It would be interesting if they have to release the NextBox prematurely because they can't sell the 360 in the only country that sees significant sales.

Thats partially why this bond exists.
Of course chrostmas is coming in half a year.
Can ms get the 720 out by then?
We saw that "confirmation" for holiday 2013.
Ms will likely lose a lot more footing if they put out a console a full year earlier than projected.
They could be paying up to 50% more per part or have to downgrade.
On top of that they would also have to ensure that they remove those same technologies from the 720.

Nsanity said:

" Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs: the Sony Playstation and the Nintendo Wii. "



Sal.Paradise said:
Nsanity said:

" Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs: the Sony Playstation and the Nintendo Wii. "



Yep.  Someone just had to go there.  :)

Currently playing Zero Escape: The Nonary Games, Hatsune Miku: Project Diva X, and Crimson Gem Saga.

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what does this mean