Motorola's Germany Xbox sales ban castrated by US judges
Appeal court puts a stop to ban on Microsoft boxen
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Motorola is not allowed to stop Microsoft Xboxes from being sold in Germany after a US appeals court agreed that the sales ban was too narrow.
A court in Seattle prevented Google-owned Motorola from enforcing an injunction against the games console, and a three-judge panel at the appeals court has agreed with that decision.
Motorola and Microsoft have been trading patent lawsuits over Android and the Wi-Fi and video-compression technology in Xboxes. Motorola won a ban in Germany on the video patents, but the US courts have argued that there could be problems with inconsistent judgments because the German case was filed after a similar case in the US.
Motorola had said that it was "surprised" that Microsoft was trying to block the ban, when Motorola had to issue a security bond to cover Microsoft's losses if the decision was overturned on appeal. Moto added that Redmond could have gotten around the ban if it had just made an "unconditional offer" for a licence from Google.
Microsoft tried to get the ban stopped by asking Motorola to accept a bond from it of $300m and told the company that if it didn't agree, Microsoft would go to the district court.
The Windows 8 giant is reluctant to sign a contract with Motorola because it claims that the company's 2.25 per cent royalty would add up to around $4bn a year, although Motorola disputes that figure.
As a result, Microsoft filed a breach of contract suit in the US, currently scheduled for November, alleging that Motorola has breached its obligation to license the patents on a fair, reasonable and non-discriminatory basis. It is because of the initial suit being filed on US soil, and the fact that it relates to two American companies, that the Seattle court was able to intervene in the matter of the Germany ban. ®
COMMENTS
It is because of the initial suit being filed on US soil, and the fact that it relates to two American companies, that the Seattle court was able to intervene in the matter of the Germany ban
Whilst I can see the logic, it strikes me as stretching it to say that a US court has the power to overrule the decision of a court in another nation?
You could argue it's a case of the US Courts trying to keep their own house in order, of course, but if a German court has said "Can't be sold here" what right does the US have to say "Yeah they can"?
Or is it because Motorola would have to seek to enforce the injunction that they feel they can? After all, from that view I suppose they're not actually dealing with the German decision, more saying to Moto "You may have got the decision, but we're telling you you can't use it?"
All seems a little extra-territorial to me!
Would like to see
I would love to see the Germans turning around and telling the US court to sod off, the ban should stay. In fact the EU should gather round and back up the Germans in this case and make the ban EU wide. And if the US court doesn't back down then make it a ban on all American imports. IT is time the US backed their nose out of other peoples countries (ALL of them). I don't care whether or not the Germans made the right judgment in this case - but it was THEIR judgment in THEIR country and NOTHING AT ALL to do with ANY American court
@How long before the german court tries to sue the american court?
Why bother, just declare the US judges to be in contempt of court. If the poor fools ever make the mistake of landing in the EU they could then find themselves subject to a European arrest warrant and having their arse haulled in front of the German beaks to explain themselves.
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