Motorola Mobility loses again in German court and faces another injunction

Motorola Mobility loses again in German court and faces another injunction
Motorola Mobility has gone down to defeat once more in Germany and again it is Microsoft standing in the Winner's Circle. In Munich I Regional Court, Presiding Judge Dr. Peter Guntz ruled that the Android OS infringes on the invention protected by claim 23 of EP1040406. The patent covers software that allows an application to receive input from different sources such as a touch on an on-screen QWERTY, or a voice command, without the app having to make any changes in its underlying software. This is a function that most Android apps use and the U.S. version of the patent is the subject of another court battle between Microsoft and Motorola Mobility in the Western District of Washington.

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



1. chunk1x

Posts: 248; Member since: Jun 25, 2011

I hate patent trolls!

3. Mxyzptlk unregistered

I hate patent infringers.

7. medicci37

Posts: 1361; Member since: Nov 19, 2011

Then u hate MS. because they made billions from stealing Ideas from others.

8. Mxyzptlk unregistered

Android isn't entirely original since it borrowed ideas from Linux and Java.

9. antmiu2

Posts: 550; Member since: Jun 19, 2011

are you retarded? android is based on linux/java

14. GeekMovement unregistered

Yep, Mxyz is retarded. Always commenting on crap he doesn't know.

15. Berzerk000

Posts: 4275; Member since: Jun 26, 2011

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?

11. networkdood

Posts: 6330; Member since: Mar 31, 2010

Intelligence is not Mxy's thing....

16. willard12 unregistered

Does that include companies that infringe on LTE patents?

2. Veigald

Posts: 290; Member since: Jan 13, 2012

Every other android manufacturer besides Motorola licensed the technology? Pretty bad signal to send from Google, Motorola's owner.

4. Ravail

Posts: 182; Member since: Oct 14, 2011

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

Posts: 242; Member since: Feb 10, 2012

Microsoft owns a lot patents. Microsoft will most likely end up licensing the stuff out to Google.

5. Bluesky02

Posts: 1439; Member since: Dec 05, 2011

Good for Motorola, because they wanted to banned the Xbox 360. Which was not mentioned in this article.

10. Whateverman

Posts: 3295; Member since: May 17, 2009

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

Posts: 17; Member since: Sep 05, 2012

From what I read Motorola was Advised to try and ban the Xbox 360, not actually tried to.

12. MartyK

Posts: 1043; Member since: Apr 11, 2012

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 :)

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit for samples and additional information.