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Motorola request to ban Microsoft products denied by Judge

Posted: , by Alan F.

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Motorola request to ban Microsoft products denied by Judge
Back in 2010, Motorola alleged that Microsoft had infringed on some of its patents. Last week, a judge in a Seattle court denied the Google subsidiary's request for a ban on some of Microsoft's products. For the judge to agree to a ban on the products, Motorola would have had to show irreparable harm and also prove that monetary damages would be inadequate. According to Judge James L. Robart, Motorola could not meet the requirements.

"Because Motorola cannot show irreparable harm or that monetary damages would be inadequate, the court agrees with Microsoft that injunctive relief is improper in this matter,"-Judge James L. Robart
Two years ago, both companies tried to work out a licensing agreement that would allow Redmond based Microsoft to use Motorola's 802.11 wireless local area network (WLAN) and H.264 advanced video coding patents. Because these are considered standards-essential patents the licensing is supposed to be conducted fairly and without discrimination, even between major rivals. Microsoft uses these patents in products like its Xbox gaming console and its Windows OS. Motorola offered to license the two patents for a rate of 2.25% of the retail price for each unit sold. Microsoft said that the proposed rate was unreasonable and took Motorola to court.

Since Motorola has agreed to license the patents on FRAND terms, the court must determine what is a fair rate. A trial was held from November 13th through the 21st and Judge Robart wrote that "the court has taken the matter under submission and will issue a written order adjudicating a RAND rate and range for Motorola's relevant patents." In the meantime, while waiting for the judge to come up with a rate, Motorola asked for a injunction on the Microsoft products it claims had infringed on its patents. As noted, Judge Robart turned down the request and so now it becomes a waiting game for both firms while the judge determines a fair licensing rate.

source: PCMag

16 Comments
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posted on 03 Dec 2012, 12:26 3

1. MartyK (Posts: 725; Member since: 11 Apr 2012)


Wow!, why would motorola seek a ban in the State of Washington, when everyone knows MS have those judge in their pocket (MS HOME-STATE)?.

Where did Samsung and Motorola find these Attorneys?.

posted on 03 Dec 2012, 12:50 3

2. sprockkets (Posts: 1308; Member since: 16 Jan 2012)


Because MS brought this case against Moto, not the other way around.

posted on 03 Dec 2012, 20:58

16. Nadr1212 (Posts: 741; Member since: 22 Sep 2012)


2 things: why'd Motorola be so Apple-like and if that would happen 4 reals, I'd BAN Motorola products, OH!!!!! What now?!?!?!?!?!?

posted on 03 Dec 2012, 12:57 1

3. MeoCao (unregistered)


I think the judge is right, standard essential patents should not be used to ban products.

posted on 03 Dec 2012, 12:59 1

4. sprockkets (Posts: 1308; Member since: 16 Jan 2012)


Even though MS said themselves that you should be able to?

posted on 03 Dec 2012, 19:46

14. MeoCao (unregistered)


Then MS is wrong

The judge should not do something only b-c some1 says it's right.

posted on 03 Dec 2012, 13:17 2

7. lyndon420 (Posts: 1782; Member since: 11 Jul 2012)


A rectangle with rounded corners should be FRAND...but it isn't.

posted on 03 Dec 2012, 14:09 2

9. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


Honestly it should not be FRAND...there should not be be a patent issued for " rectangle with rounded corners" in the first place.

posted on 03 Dec 2012, 19:50

15. MeoCao (unregistered)


Absolutely agree, this is too broad. A patent should protect an UNIQUE design and must not prevent others from doing obviously reasonable things.

posted on 03 Dec 2012, 13:00 1

5. Mxyzptlk (Posts: 4015; Member since: 21 Apr 2012)


Why does Motorola keep trying to abuse FRAND patents?

posted on 03 Dec 2012, 13:16 2

6. MorePhonesThanNeeded (Posts: 645; Member since: 23 Oct 2011)


How about you learn to read before making stupid comments. They simply asked for a ban while the judge was deciding on a RAND rate to levy on MS. Moto is correct is asking for a ban because they MS felt that they shouldn't pay the rate Moto asked for and still used the patents.

You're such a biased individual, every time you see an article that is against Google and it's subs you come running to toss in your skewed and biased rhetoric. Life must be boring where you live isn't it?

posted on 03 Dec 2012, 18:26 1

11. networkdood (Posts: 6309; Member since: 31 Mar 2010)


do not feed the trolls....

posted on 03 Dec 2012, 13:30 1

8. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


Well Apple must be watching this case nervously.

posted on 03 Dec 2012, 17:53

10. joey_sfb (Posts: 3113; Member since: 29 Mar 2012)


They will not pay a single cent to their competitors that their motto while aggressively pursuing every bits of legal option available to them.

Apple is a good teacher, just a bit unforturnate that they teach businesses the worst possible practise that every business seems to be picking up lately.Charge more to consumer and handicap the competition is every possible areas.

posted on 03 Dec 2012, 18:45 3

12. someones4 (Posts: 619; Member since: 16 Sep 2012)


When an American company sues another American company, the judge says: 'guys, we should all be fair to each other.'
When Samsung and Apple clashes, the judge says 'Clearly the Asian company is at fault'.

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