Feeds

Microsoft: Keep Moto vid codec patent fight in US, not Germany

Pleads for meaningful relief, offers $300m

Top 5 reasons to deploy VMware with Tegile

Microsoft has filed a motion in the US to stop Motorola Mobility from enforcing an injunction it may win in a German court next month.

The software behemoth asked a stateside judge to "preserve the status quo" in the market pending the outcome of a separate Microsoft-Motorola patent face-off in a Washington court.

Microsoft hopes to strike a worldwide licensing deal with Motorola in that US legal battle - but fears the enforcement of an injunction in Germany will derail hope for a global agreement.

Redmond lawyers filed their case against Motorola Mobility in America in November 2010 and the German lawsuit was brought by Motorola in July 2011 - so Microsoft is essentially saying that Motorola shouldn't be allowed to go behind its back and hamstring it in Europe over the same issues.

Once again, the US fight is over standards-essential patents, and Microsoft wants to force Motorola Mobility to honour its commitment to license them under fair, reasonable and non-discriminatory terms (FRAND).

On 17 April, the court in Mannheim is due to rule on a case filed by a Motorola subsidiary over patents for the H.264 video codec standard, patent watcher Florian Mueller reports.

If Motorola wins a preliminary injunction in that case, the ban would apply to Windows 7, Internet Explorer 9, Windows Media Player and the Xbox 360, which all use that codec.

It's most likely that Microsoft will appeal against such a ruling anyway, so if Motorola wanted to enforce the ban it would have to post a bond to pay back MS if the injunction was overturned. For this reason, companies often wait to enforce bans until after the appeals process.

"If Motorola’s sharp tactics are allowed to unfold, Microsoft will be denied a meaningful remedy in this action. Microsoft seeks a preliminary injunction here to preserve the status quo, to preserve this court’s ability to grant Microsoft meaningful relief, and to prevent irreparable harm to Microsoft and the public in the meantime," the firm said in its latest filing in Washington.

Microsoft is even offering a $300m bond to the court to cover any lost licensing fees for Motorola if it doesn't get to enforce the injunction and is later made the victor in the case.

The Washington court will now look for a response from Motorola before a hearing on Microsoft's motion on 20 April. ®

Beginner's guide to SSL certificates

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
Driving with an Apple Watch could land you with a £100 FINE
Bad news for tech-addicted fanbois behind the wheel
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Special pleading against mass surveillance won't help anyone
Protecting journalists alone won't protect their sources
Big Content Australia just blew a big hole in its credibility
AHEDA's research on average content prices did not expose methodology, so appears less than rigourous
Vodafone to buy 140 Phones 4u stores from stricken retailer
887 jobs 'preserved' in the process, says administrator PwC
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.