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Motorola Mobility loses again in German court and faces another injunction

Posted: , by Alan F.

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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.

Motorola Mobility was found to have infringed on this patent

Motorola Mobility was found to have infringed on this patent

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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posted on 20 Sep 2012, 10:57 13

1. chunk1x (Posts: 248; Member since: 25 Jun 2011)

I hate patent trolls!

posted on 20 Sep 2012, 11:10 4

3. Mxyzptlk (unregistered)

I hate patent infringers.

posted on 20 Sep 2012, 11:52 8

7. medicci37 (Posts: 1335; Member since: 19 Nov 2011)

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

posted on 20 Sep 2012, 12:46 1

8. Mxyzptlk (unregistered)

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

posted on 20 Sep 2012, 12:49 7

9. antmiu2 (Posts: 384; Member since: 19 Jun 2011)

are you retarded? android is based on linux/java

posted on 20 Sep 2012, 17:07 2

14. GeekMovement (unregistered)

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

posted on 20 Sep 2012, 23:16

15. Berzerk000 (Posts: 4275; Member since: 26 Jun 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?

posted on 20 Sep 2012, 13:39 6

11. networkdood (Posts: 6330; Member since: 31 Mar 2010)

Intelligence is not Mxy's thing....

posted on 21 Sep 2012, 00:58

16. willard12 (unregistered)

Does that include companies that infringe on LTE patents?

posted on 20 Sep 2012, 11:02 1

2. Veigald (Posts: 290; Member since: 13 Jan 2012)

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

posted on 20 Sep 2012, 11:13 2

4. Ravail (Posts: 182; Member since: 14 Oct 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.

posted on 20 Sep 2012, 11:23 2

6. MobileCaseReview (Posts: 242; Member since: 10 Feb 2012)

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

posted on 20 Sep 2012, 11:21 4

5. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)

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

posted on 20 Sep 2012, 13:32

10. Whateverman (Posts: 3284; Member since: 17 May 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.

posted on 20 Sep 2012, 14:42

13. Cacharoes (Posts: 17; Member since: 05 Sep 2012)

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

posted on 20 Sep 2012, 13:41

12. MartyK (Posts: 946; Member since: 11 Apr 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 :)

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