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.

http://seattletimes.nwsource.com/html/microsoftpri0/2018208947_judge_issues_preliminary_injunction_barring_motoro.html

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

http://www.courthousenews.com/2012/05/22/46716.htm

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.

" 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. "

Bwahahahahaha.

Yep.  Someone just had to go there.  :)

what does this mean http://www.techspot.com/news/48667-microsoft-victorious-in-motorola-patent-dispute-wins-us-import-ban.html

strange

It means that Microsoft has one patent against Motorola while Motorola has 4 against Microsoft. So it seems a agreement will be made but Microsoft will probably be the one paying. (Considering that >18% of US 360's are probally worth more than all the Android handsets Motorola has shipped.)