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Motorola lands 16-patent countersuit on Microsoft

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Updated Motorola has countersued Microsoft, alleging infringement of sixteen patents by Microsoft's PC and server software, Windows mobile software, and Xbox products.

On Wednesday, with a press release, Motorola said that its subsidiary, Motorola Mobility, filed suit against Microsoft in the US District Courts for the Southern District of Florida and the Western District of Wisconsin.

On October 1, Microsoft filed suit against Motorola in the Western District of Wisconsin, claiming infringement of nine of its patents by Motorola's Android smartphones. And just yesterday, in the same court, Redmond filed a second suit against Motorola, claiming the company failed to honor certain commitments to license patents on "fair, reasonable and non-discriminatory" (FRAND) terms.

In its release, Motorola gave a nod to Microsoft's patent infringement suit. "It is unfortunate,” read a canned statement from Kirk Dailey, corporate vice president of intellectual property at Motorola Mobility, “that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations, as Motorola has mutually beneficial licensing relationships with the great majority of technology companies industry-wide.”

Motorla alleges that on PCs and servers, Microsoft infringes with its Windows operating system; digital video coding technology; email technology, including Exchange, Messenger, and Outlook; Windows Live instant messaging tools; and object oriented software architecture. On mobile, Motorola claims infringement by Windows Marketplace, Bing maps, and, again, object oriented software architecture. And on the Xbox, it claims infringement by Microsoft's digital video coding, Wi-Fi technology, and graphical passwords.

Motorola Mobility asks that Microsoft stop using Motorola's patented technology and provide compensation for past infringement.

In the Southern District of Florida, Motorola has already sued Apple over alleged patent infringement by the iPhone. And in the Western District of Wisconsin, Apple has sued Motorola for alleged patent infringement by its Android phones. Apple is also suing Android-maker HTC. But that's in Delaware.

Microsoft vice president and deputy general counsel of Intellectual Property and Licensing Horacio Gutierrez in a statement called Motorola's move "typical" of the litigation process and Microsoft was "not surprised."

"We remain confident in our position and will continue to move forward with the complaints we initiated against Motorola in the U.S. District Court for the Western District of Washington and with the International Trade Commission (ITC)," he said.®

This article has been updated to include a statement from Microsoft.

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