Feeds

Motorola's bid to sink Windows, XBoxes sales snubbed

US judge rules German Microsoft ban bid is kaput

The Power of One Brief: Top reasons to choose HP BladeSystem

Microsoft has won its fight in the US to stop Motorola Mobility from enforcing a banning order on Windows and XBox sales that a German court may award the phone-maker.

Redmond had asked a court in Seattle to prevent Motorola from using an injunction, backed by patents for the H.264 video codec, to stop Microsoft from selling loads of its gear. The Windows software giant wants to strike a global licensing deal for all Motorola patents in a US court case and successfully argued that a German ban would wreck worldwide negotiations.

"Motorola promised to make its patents available to Microsoft and other companies on fair and reasonable terms," Microsoft deputy general counsel David Howard said in a statement on Twitter. "Today's ruling means Motorola can't prevent Microsoft from selling products until [a US] court decides whether Motorola has lived up to its promise."

Microsoft was willing to post a bond to pay the mobile-maker if it is eventually decided that Motorola was entitled to the injunction. Motorola replied that Microsoft was asking the Washington court "to take the unprecedented step of enjoining enforcement of a foreign court's judgment in the issuing court's own country".

Judge James Robart said that Microsoft would come to more harm from not being able to sell its stuff in Germany and having to haggle with Motorola on licensing fees in those circumstances, than Motorola would suffer by having a hold put on its ban, The Seattle Times reported. He set a $100m bond for Microsoft to pay Motorola if the German court later decides in the mobile-maker's favour.

"Our focus from the outset has been to receive fair value for our intellectual property based on Microsoft's use of (Motorola's) patented technology," the phone company said in a statement after the ruling.

The German court is due to decide on the video codec case on 17 April, a case that Microsoft is bracing itself to lose. As well as appealing to the US court to snub any ban, Redmond has also taken the defensive step of pulling its European distribution centre out of Germany, blaming Motorola's patent litigation for the move. ®

Designing a Defense for Mobile Applications

More from The Register

next story
Just TWO climate committee MPs contradict IPCC: The two with SCIENCE degrees
'Greenhouse effect is real, but as for the rest of it ...'
Adam Afriyie MP: Smart meters are NOT so smart
Mega-costly gas 'n' 'leccy totting-up tech not worth it - Tory MP
'Blow it up': Plods pop round for chat with Commonwealth Games tweeter
You'd better not be talking about the council's housing plans
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.