Motorola Mobility loses again in German court and faces another injunction
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Technically, Microsoft won two decisions on Thursday with one coming against Motorola Mobility (the U.S. company owned by Google) with the other victory coming against Motorola Mobility's German subsidiary and a German distribution company. Both cases deal with the German market and can be appealed by Google. While making its case for an appeal, Google will probably ask for a stay of the injunction, but such stays are very unusual in the country. The next step is for Microsoft to put up a bond in the amount of 37.5 million EUR for each ruling, for a total of 75 million EUR ($97 million USD). You might remember in the past that we explained that the bond covers the amount of sales that Motorola Mobility would be estimated to lose if Microsoft goes ahead with the injunction and the ruling is later reversed. For an additional 10 million EUR for each ruling, Microsoft can force a recall of infringing devices which would take them out of stores and in theory, out of current owners hands as well.
Google could have a little problem with this ruling because unlike other patents, this one does not offer an easy workaround. Without a stay, and as we've said, those are hard to come by in Germany, Google might have to pull out of the German market temporarily while it goes about designing a workaround. Of course, there is always the solution that Microsoft would like to see. That would be for Motorola Mobility to sign some type of royalty deal in exchange for a license to use the technology covered by the ruling. The good news is that Motorola Mobility is the only Android manufacturer without such a deal from Microsoft which means that other Android heavyweights like Samsung and HTC aren't involved.
In the same courthouse, in front of the same judge, Apple last week won an injunction against Motorola for the latter's use of Apple's rubber-banding technology without a license.
source: FOSSPatents
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16 Comments
7. medicci37 posted on 20 Sep 2012, 11:52 8 1
Then u hate MS. because they made billions from stealing Ideas from others.
8. Mxyzptlk posted on 20 Sep 2012, 12:46 1 11
Android isn't entirely original since it borrowed ideas from Linux and Java.
9. antmiu2 posted on 20 Sep 2012, 12:49 7 0
are you retarded? android is based on linux/java
14. GeekMovement posted on 20 Sep 2012, 17:07 2 0
Yep, Mxyz is retarded. Always commenting on crap he doesn't know.
15. Berzerk000 posted on 20 Sep 2012, 23:16 0 0
I would hope it borrowed some ideas from Linux, since it is Linux based... And what is your argument about iOS getting more and more like Android every year?
16. willard12 posted on 21 Sep 2012, 00:58 0 0
Does that include companies that infringe on LTE patents?
2. Veigald posted on 20 Sep 2012, 11:02 1 0
Every other android manufacturer besides Motorola licensed the technology? Pretty bad signal to send from Google, Motorola's owner.
4. Ravail posted on 20 Sep 2012, 11:13 2 0
I'm getting sick of these patent lawsuits... Everyone needs to quit trolling and just out-innovate the other.. Only then can the customer win.
6. MobileCaseReview posted on 20 Sep 2012, 11:23 2 0
Microsoft owns a lot patents. Microsoft will most likely end up licensing the stuff out to Google.
5. Bluesky02 posted on 20 Sep 2012, 11:21 4 2
Good for Motorola, because they wanted to banned the Xbox 360. Which was not mentioned in this article.
10. Whateverman posted on 20 Sep 2012, 13:32 0 0
But wasn't that in response of Microsoft's attempt to sue every Android manufacture? I thought this was preemptive strike to defend against the lawsuit that was coming.
13. Cacharoes posted on 20 Sep 2012, 14:42 0 0
From what I read Motorola was Advised to try and ban the Xbox 360, not actually tried to.
12. MartyK posted on 20 Sep 2012, 13:41 0 0
Oh well, if I was Google I would let Motorola be a testing ground company any ways, because they brought the company for the patents (to force others to pay a fee).
Google Ban the XBox 360 and Xbox 720..
Microsoft will lose the Gaming Market to Sony and PS3..which will hurt them more :)


