Forums - Microsoft Discussion - Microsoft wins big one in Motorola patent infringement suit

Microsoft has won an important ruling in its patent battle with Motorola.

U.S. District Court Judge James Robart last week ruled that Motorola could not ban the sale of Microsoft products that the mobile maker alleges violate its H.264 patents. The ruling means that the Xbox and Windows, along with other Microsoft products, won't be banned from sale in the U.S. The ruling also blocks Motorola from banning Microsoft product sales in Germany.

Computerworld previously reported on the ruling.

Microsoft and Motorola are embroiled in a legal spat around the world over the software giant's alleged use of Motorola industry-standard H.264 patents in its many products. Motorola has argued that Microsoft has used the technology illegally and should have its products banned until it licenses them. Microsoft, however, has said that it would be willing to pay a royalty, but wants Motorola to uphold fair, reasonable, and nondiscriminatory terms.

What's fair and reasonable, of course, is up for debate. Motorola says that Microsoft should pay $4 billion for the use of its technology, applying a 2.25 percent royalty based on product price. Microsoft has said that figure is too high.

Judge Robart's ruling, which was announced Friday, is not the final say on the matter. Both companies wrapped up oral arguments in their trial last month and the judge is not expected to render a final decision until the spring. At that time, he could decide the terms of licensing and what a reasonable royalty rate might be.

Motorola previously won an infringement case against Microsoft in Germany that could have allowed the Google-owned company to ban Microsoft products from sale. However, that possibility was held up until U.S. courts could decide on the matter. With Robart's latest ruling, the block on any injunction continues to be upheld.

CNET has contacted both Motorola and Microsoft for comment on the ruling. We will update this story when we have more information.

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That's not winning a big one, it's just a small victory which essentially says that the most egregious and forceful trade punishments will not be levied against Microsoft for this supposed infringement, meaning that royalties will still be up for grabs. Yawn.

MS is an very important tax payer and fund source for many people to get fed in America. Banning sales would put a dent in our economy so I say the judge made a good call. That's capitalism for ya.

dallas said:
That's not winning a big one, it's just a small victory which essentially says that the most egregious and forceful trade punishments will not be levied against Microsoft for this supposed infringement, meaning that royalties will still be up for grabs. Yawn.

I'm sorry, what?

Had Microsoft been banned from selling the Xbox 360 in the US, it would mean losing millions of dollars in sales, and millions of units in sales.  They'd instantly go from 1st place in North America to last in terms of sales.  As far as Windows 7 goes, it would have been an equally huge loss especially if Windows 8 doesn't maintain it's sales. 

In terms of Germany it wouldn't have meant much, but the US was a huge win.  The loss in sales here of both Xbox 360s nd Windows 7 would have brough Microsoft to its knees.



dallas said:
That's not winning a big one, it's just a small victory which essentially says that the most egregious and forceful trade punishments will not be levied against Microsoft for this supposed infringement, meaning that royalties will still be up for grabs. Yawn.


blimey you are even being bored by your own posts now.... lol

OT

Still a ways to go, but this was never coming to anything much anyway.



Dont Think...


televandalist Animated Gif on Giphy

 

A New Day....

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dahuman said:
MS is an very important tax payer and fund source for many people to get fed in America. Banning sales would put a dent in our economy so I say the judge made a good call. That's capitalism for ya.

Banning sales only is beneficial where the party potentially in violation would be unable to pay.  Regardless of the outcome, Microsoft would be able to pay any back royalties.



Adinnieken said:
dallas said:
That's not winning a big one, it's just a small victory which essentially says that the most egregious and forceful trade punishments will not be levied against Microsoft for this supposed infringement, meaning that royalties will still be up for grabs. Yawn.

I'm sorry, what?

Had Microsoft been banned from selling the Xbox 360 in the US, it would mean losing millions of dollars in sales, and millions of units in sales.  They'd instantly go from 1st place in North America to last in terms of sales.  As far as Windows 7 goes, it would have been an equally huge loss especially if Windows 8 doesn't maintain it's sales. 

In terms of Germany it wouldn't have meant much, but the US was a huge win.  The loss in sales here of both Xbox 360s nd Windows 7 would have brough Microsoft to its knees.

That is why they were never going to be banned. It will never happen.



Adinnieken said:
dallas said:
That's not winning a big one, it's just a small victory which essentially says that the most egregious and forceful trade punishments will not be levied against Microsoft for this supposed infringement, meaning that royalties will still be up for grabs. Yawn.

I'm sorry, what?

Had Microsoft been banned from selling the Xbox 360 in the US, it would mean losing millions of dollars in sales, and millions of units in sales.  They'd instantly go from 1st place in North America to last in terms of sales.  As far as Windows 7 goes, it would have been an equally huge loss especially if Windows 8 doesn't maintain it's sales. 

In terms of Germany it wouldn't have meant much, but the US was a huge win.  The loss in sales here of both Xbox 360s nd Windows 7 would have brough Microsoft to its knees.


The usual treatment is to enforce a royalty for an enfri gement once proven.  This should have been expected, if anything.



No big suprises then.

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Adinnieken said:
dahuman said:
MS is an very important tax payer and fund source for many people to get fed in America. Banning sales would put a dent in our economy so I say the judge made a good call. That's capitalism for ya.

Banning sales only is beneficial where the party potentially in violation would be unable to pay.  Regardless of the outcome, Microsoft would be able to pay any back royalties.


As long as they pay up, I don't see the issue, that's what patents are, you pay a certain % for using them per device or copy and that's it.