Initiate Patent Warfare: Microsoft VS Motorola
Back in late 2010, Motorola made news by launching a legal battle. The opponent? None other than tech giant Microsoft. Well, eighteen months, a move to Germany, and numerous legal intricacies later, the judge’s decision was issued today with actual consequences for the defendant.
A potential sales ban in Germany has been issued on key Microsoft products including the Xbox 360 game console, Windows 7 software, Windows Media Player, and Internet Explorer. The reason? Microsoft, according to the court, infringed upon two of Motorola’s patents involving video compression and playback.
Well, now your all saying, “A ‘potential sales ban?’ So no action? How is this any different than the ruling that came out back in April?”
In April, a judge ruled that Microsoft had, indeed, infringed upon four Motorola patents, but German courts decided to review the case. Now, however, the ruling upon two of those patents is solid. Microsoft estimated the annual amount they would’ve owed Motorola for the technology at $4 billion. Talk about shaving off some costs… Too bad for them, they got caught.
However, the catch that makes it only a “potential sales ban” lies not in Germany, but in the US. Motorola declared their case in Europe due to Germany’s faster court system and great regard for technology and patent cases. However, because both companies are based in the US, the US courts have granted Microsoft an injunction against the halt of sales in Germany, temporarily freezing the ban-hammer.
The method of this intervention, an injunction, is remarkable in itself. An injunction prevents those who it’s directed at from doing something, in order to maintain the status quo until a “fair” fix can be found; it often, rather than just forcing reparations for damages done, gives the offending party a chance to fix the past mistake to the victim’s satisfaction so that it won’t be a problem in the future. So, Microsoft still has time to beg for a settlement.
But, it could just be the government giving Microsoft time to put its ducks in a row and go for an appeal.
Whatever happens though, you can be planning on hearing much of the same in the upcoming months, years, and even decades. A while back, Microsoft launched a similar campaign against Motorola for certain Android technology. Motorola has an estimated fifty cases of patent infringement they’re pursuing against Microsoft. Samsung is under attack by a number of companies, and Apple is suing all of them. These are just a few of the names currently involved in patent-centered lawsuits.
So, while the world falls into a Microsoft VS Apple VS Nintendo VS Motorola VS Sony VS Samsung VS… (endless list)… war, prepare for the corporate world to infringe upon your after-work entertainment. Well, maybe not prepare, but keep an ear to the ground.
As for Xbox lovers in Germany, hope for the best.
[toggle_box title=”Sources” width=”Width of toggle box”]
Peckham, Matt. “Xbox 360, Windows 7 Banned in Germany: Motorola Wins Patent Injunction.” Time Techland. 2 May 2012 Web. 2 May 2012. <http://techland.time.com/2012/05/02/xbox-360-windows-7-banned-in-germany-motorola-wins-patent-injunction/>
BBC News “Motorola wins Xbox and Windows 7 ban in Germany.” BBC News. 2 May 2012. Web. 2 May 2012. <http://www.bbc.com/news/technology-17924190>
Schreier, James. “German Court Orders Microsoft to Stop Selling Xbox 360’s.” Kotaku. 2 May 2012. Web. 2 May 2012. <http://kotaku.com/5907054/german-court-orders-microsoft-to-stop-selling-xbox-360s>
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