Feeds

Motorola's Germany Xbox sales ban castrated by US judges

Appeal court puts a stop to ban on Microsoft boxen

The smart choice: opportunity from uncertainty

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. ®

Designing a Defense for Mobile Applications

More from The Register

next story
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Putin: Crack Tor for me and I'll make you a MILLIONAIRE
Russian Interior Ministry offers big pile o' roubles for busting pro-privacy browser
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
UK.gov's Open Source switch WON'T get rid of Microsoft, y'know
What do you mean, we've ditched Redmond in favour of IBM?!
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
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.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.