By using this site, you agree to our Privacy Policy and our Terms of Use. Close

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

fillet said:
snowy4manutd said:
Hope motorolla kick microsofts corrupt as.

Your spelling and grammer is rather corrupt.

So is yours 'grammar' don't worry it is a common mistake.



Around the Network
snowy4manutd said:
fillet said:
snowy4manutd said:
Hope motorolla kick microsofts corrupt as.

Your spelling and grammer is rather corrupt.

So is yours 'grammar' don't worry it is a common mistake.


I feel like this is horrible grammar quote sequence.



It's very unlikely that the 360 will be banned in the U.S.. The commission will take into account the affect such a decision would have on other companies and we all know what the market is currently like for game publishers and developers. There will be some kind of deal in place in a couple of months and this matter will be forgotten.



I guess it is "tradition" when a product violates a patent the judge recommends that the item be banned, then hands it over to the board for their sentence. It much like in small claims court they review the case and the clerk of courts decides wether or not the case should be heard by a judge. In this case to find wether or not the ITC board should pass judgement. But the ITC hasn't ever banned an item because they take into consideration market repercussions in doing so. The board will more than likely make a ruling that Microsoft will have to pay x amount of dollars and y% of profit from the 360 going forth from this point though, which is usually what happens.

http://kotaku.com/5912893/relax-the-xbox-360-probably-isnt-going-to-be-banned



GamesIndustry.biz

Judge David Shaw's recommendation to the ITC Commission that the import of 4gb and 250gb Xbox slim models to the US should be banned is unlikely to be enforced, says patent expert Florian Mueller.

The judge made the decision to recommend an import ban to the ITC Commission yesterday, ruling in a case between Microsoft and the Google-owned Motorolla which has the Redmond manufacturer defending itself against four counts of patent infringement.

Motorola, on the other hand, stands accused of not offering what are seen as essential patents for use by other companies under fair terms, violating the FRAND agreement by asking for an excessive share of profits.

Whilst Shaw has effectively ruled against Microsoft here, the actual outcome of the case rests heavily on two parallel cases in Europe which will establish whether Motorolla has operated within the terms of FRAND policy.

Nonetheless, even this judgment will be evaluated in the light of its potential effects on other businesses and the public.

"I've never seen an ITC judge make any other recommendation than an exclusion order if his initial determination is that there is a violation," says Mueller. "This is the normal course of business.

"Unlike judges at courts, ITC judges don't make the decisions: they merely recommend them. Their recommendations are very frequently not adopted by the Commission, the six-member decision-making body at the top of the ITC. Not only does the Commission overrule those judges with respect to the actual violations but the Commission also has the final say on remedies."

Mueller, who runs tech patent blog Foss Patents, also told GamesIndustry International that developers and publishers are likely to petition the US administration to overturn the ruling.

"Even if the Commission agreed with the judge on some or all of the violations, there are public interest considerations for which an exclusion order should not be entered, or at least not before or during the Christmas Selling Season. The more Xbox games makers write to the ITC about this, the less likely an import ban will be.  

"If many games makes write to the ITC, then I doubt that there will be ever be an actual Xbox import ban. What's more likely to happen is that a federal court in Microsoft's home state of Washington will set the terms of a license agreement that Motorola and Microsoft will have to enter into. As a result, Microsoft will be licensed and the Xbox won't be an infringing product."

http://www.gamesindustry.biz/articles/2012-05-23-itc-commission-unlikely-to-enforce-us-360-ban



Around the Network

CVG

Activision Blizzard is one of a number of firms to oppose Motorola Mobility's request to ban the importation of Xbox 360s to the US and cease sales of the console.

long with companies including Cisco and IBM, which develops and manufactures components for Xbox 360, Activision argues it would "suffer commercial harm" in the event of an import ban, Foss Patents reports.

Motorola, which was recently acquired by Google, claims Xbox 360 infringes on five of the telecommunications company's patents related to "secure wireless communication and transmission of video content between controller devices and game consoles".

Activision said in a submission to the US International Trade Commission that, as "one of the United States' largest video game publishers", it "has expended and continues to expend significant resources to develop video games and accessories specially adapted to operate on Microsoft's Xbox gaming console".

The ICT is set to review all court rulings and issue a final judgement on US Xbox 360 imports on August 23.

http://www.computerandvideogames.com/353315/activision-opposes-us-xbox-ban-requested-by-motorola/



4 billion is ridiculous. If anything MS lawyers can tie this up in court for decades :P



Xbox: Best hardware, Game Pass best value, best BC, more 1st party genres and multiplayer titles. 

 

In Entertainment

While Motorola piles the pressure on Microsoft in regards to the patent issue Apple is now backing the Xbox 360 along with a growing list of other companies. Motorola wishes to ban the imports of the Xbox 360 in the US because they suggest it’s in violation of five telecommunications patents that they currently own.

A decision was already made by the ITC back in April to ban the 4GB and 250GB versions, but an overall decision is expected soon. The commission will have a tough time coming up with the right decision because not only is the iPhone maker offering their support but also Activision Blizzard, Cisco, HP, Intel and Nokia.

Apple got one of their attorneys to contact the ITC asking that they consider a few more facts in regards to this Motorola patent issue, because they believe that Motorola have been ignoring some of those terms, which is explained in greater detail here.

There’s talk that because this is a trial other companies should not get involved, but when you think that if the outcome went against Microsoft then this could become an issue for Apple as well. It’s been said that Motorola had walked on Microsoft patents as well but the Xbox 360 maker did not take it to court, so if this is true should this case be settled out of court?

We have to remember that patents were introduced to protect the inventor along with their rights, but it now seems as though it’s used for something totally different, maybe it’s about time things changed because to some these laws seem a little out of date.

http://www.inentertainment.co.uk/20120613/iphone-maker-backs-xbox-360-in-growing-list/



(Reuters) - Microsoft Corp has brushed off an offer by Motorola, the phone maker bought by Google Inc, to settle patent disputes with Motorola that are threatening to halt imports of Android devices and Xbox game consoles into the United States.

The patents at issue relate to Microsoft technology called ActiveSync, which updates calendars automatically on some Android phones. Microsoft is demanding royalties from all companies using Google's Android system in their devices, and has settled with most major manufacturers except Motorola.

is demanding royalties on some of its own video and wireless technology used in Microsoft's Xbox game console and the Windows operating system.

"While we welcome any good faith settlement effort, it's hard to apply that label to a demand that Microsoft pay royalties to Google far in excess of market rates, that refuses to license all the Microsoft patents infringed by Motorola, and that is promptly leaked to the press," said Horacio Gutierrez, Microsoft's deputy general counsel, in an e-mailed statement.

According to Microsoft, Motorola has offered to pay Microsoft 33 cents for each Android phone using ActiveSync, and asked for a royalty of 2.25 percent on each Xbox and 50 cents per copy of Windows for using its patents.

Last month the International Trade Commission recommended an import ban on infringing Android devices and Xbox consoles unless the patent issues were settled.

Representatives of Motorola and Google did not immediately respond to requests for comment.

http://uk.reuters.com/article/2012/06/21/uk-motorola-microsoft-settlement-idUKBRE85K02W20120621



Nsanity said:

In Entertainment

While Motorola piles the pressure on Microsoft in regards to the patent issue Apple is now backing the Xbox 360 along with a growing list of other companies. Motorola wishes to ban the imports of the Xbox 360 in the US because they suggest it’s in violation of five telecommunications patents that they currently own.

A decision was already made by the ITC back in April to ban the 4GB and 250GB versions, but an overall decision is expected soon. The commission will have a tough time coming up with the right decision because not only is the iPhone maker offering their support but also Activision Blizzard, Cisco, HP, Intel and Nokia.

Apple got one of their attorneys to contact the ITC asking that they consider a few more facts in regards to this Motorola patent issue, because they believe that Motorola have been ignoring some of those terms, which is explained in greater detail here.

There’s talk that because this is a trial other companies should not get involved, but when you think that if the outcome went against Microsoft then this could become an issue for Apple as well. It’s been said that Motorola had walked on Microsoft patents as well but the Xbox 360 maker did not take it to court, so if this is true should this case be settled out of court?

We have to remember that patents were introduced to protect the inventor along with their rights, but it now seems as though it’s used for something totally different, maybe it’s about time things changed because to some these laws seem a little out of date.

http://www.inentertainment.co.uk/20120613/iphone-maker-backs-xbox-360-in-growing-list/

"There’s talk that because this is a trial other companies should not get involved, but when you think that if the outcome went against Microsoft then this could become an issue for Apple as well. It’s been said that Motorola had walked on Microsoft patents as well but the Xbox 360 maker did not take it to court, so if this is true should this case be settled out of court?"

I read this excerpt a lot in the media. Wasn't it Microsoft who started this? They sued Motorola who counter-sued. Right?
The way I see it, every company infringes on each other's patents and it isn't until things shake up that they do anything.