Thursday's decision by the court was based on its appraisal of Microsoft's likely chances to prevail at trial and the lack of urgency required to get the court to grant the ban. Earlier Motorola phones had contained the same phone number selection method found on the Motorola RAZR and the court failed to buy Microsoft's argument that the Motorola RAZR was more aggressively marketed in the country than those earlier models were.
Motorola Mobility is no longer selling any Android models in Germany. In fact, as we recently pointed out to you, the only handset available on Motorola Mobility's German website is the Motorola Gleam featurephone. That action was taken after Microsoft and Apple won injunctions against Motorola Mobility in Germany and in the states. The preliminary injunctions against Android devices in the U.S. and Germany cannot be enforced since they are related to a technical patent infringement as opposed to a design patent infringement. Both Apple and Microsoft have won permanent injunctions against certain Android models in Germany, which can be appealed, and a U.S. import ban from the ITC.
Next up for the firms involved is a FRAND obligations trial set to begin in Seattle on November 13th while two days later the Munich Higher Regional Court will determine if it can enforce one of the three permanent injunctions Microsoft had won against Motorola Mobility, while the ruling is being appealed. Considering the latter's decision not to currently offer any Android devices in the country, we wonder if the relentless action by Microsoft is the courtroom version of 'piling on'.