Google's Motorola Can't Stop Sales Of Microsoft Xbox 360

By Khurram Aziz | Dec 03, 2012 04:16 PM EST

Share This Story

  • Print
  • Email

The U.S. District Court in Seattle has ruled that Motorola can't seek to ban Microsoft's Xbox 360 console based on patents which the Google-owned company has agreed to make available on fair, reasonable and non-discriminatory (FRAND) terms.

Follow us

The ruling will impact other FRAND cases between Microsoft and Motorola at the US International Trade Commission (ITC) and in Germany.

Microsoft first sued Motorola in 2010, arguing that Google's Android operating system, used on Motorola's smartphones, infringe its software patents. Motorola then counter-sued, accusing Microsoft's Xbox of violating its own patents related to the H.264 video-streaming technology standard.

However, because Motorola's patents are considered standards-essential, Judge James Robart said the company can seek monetary damages but not an injunction against the sale of infringing devices.

"Motorola's obligation to grant such a FRAND licence to Microsoft far preceded the onset of this litigation, meaning that at all times during this litigation, the issue was not if, but when and under what terms, a licence agreement would be established between Microsoft and Motorola," said Robart. "Thus, because Motorola has always been required to grant Microsoft a FRAND licence agreement for its H.264 standard essential patents, as a matter of logic, the impending licence agreement will adequately remedy Motorola as a matter of law."

The dispute between the two companies is part of a much larger patent war going on between smartphone manufacturers in courts around the world which goes as far back as the launch of the first iPhone.

Microsoft, which came late to the smartphone market and struggled initially to compete. It began suing manufacturers using Android in 2010 and eventually managed to force licence agreements with almost all major smartphone companies including HTC, LG and Samsung.

Motorola, however, has held refused a deal, and in 2011, Google bought the company for $12.5bn in order to defend its Android partners.

The company filed its own suits against Microsoft in various courts, including Germany, where a judge in May granted an injunction against the sale of the Xbox console because it infringed FRAND patents.

However, Judge Robart told Motorola during the case in Seattle not to enforce the sales ban on the Xbox in Germany until the Seattle case had been resolved.

Get the Most Popular Mobile&Apps Stories in a Weekly Newsletter

Join Our Conversation

The HTC logo is seen with different devices from the brand HTC M10 Perfume Launching A Month Later After MWC 2016
Lava Unleashes New P7 Device Into The Indian Market
New Disney Phone Coming To Japan
Xiaomi Locks Redmi Note 3, Mi 4c And Mi Note Pro; Others To Follow Suit?
Tablet / Laptop / PC
Dell Venue 7 and Venue 8 Dell unveils Venue 7 and Venue 8 Android 4.3 Jelly Bean tablets
Retina iPad Mini facing delays, may not launch until early next year
Refurbished 128GB iPad with Retina Display now available on the Apple Online Store
Samsung Galaxy Note 10.1 – 2014 Edition: Pricing and availability now official
Amazon Logo Amazon reportedly to launch ‘Firetube’ set-top box before 2013 holidays
Samsung Galaxy Note 3 and Galaxy Gear India launch: Pricing and availability
Samsung Galaxy Gear Android smartwatch now up for pre-order in Canada
Samsung Galaxy Gear 2 reportedly in the works already, may debut at CES or MWC 2014
OS / Software
HTC Logo HTC reportedly considering Android/Windows Phone dual-booting smartphone as Microsoft pushes for deeper Windows mobile integration
iOS 7 Chrome Incognito mode leaks private searches due to bug
Sprint HTC One Android 4.3 Jelly Bean already rolling out, AT&T, T-Mobile & Verizon to follow
Microsoft Windows 8.1 now available for pre-order
Internet / Social Media
Google Downtime Google blacks out for two minutes, causes 40 percent drop in world’s Internet traffic
Xbox Music web player is live and ready for Xbox Music Pass subscribers
Facebook Android app collected phone numbers even if users never logged in
Firefox 22 brings support for web video calls, 3D gaming, and Unreal Engine 3
What's App
ZTE's new lease program ZTE’s new Lease-to-own Program for Mobile Devices
LG’s G Pay to Take on Google, Samsung and Apple
Facebook: Taxes in the UK and a new Shopping tab
Samsung’s VR Headset to be Released at $99, Hulu Jumps Onboard with Apps Ready

Most Popular

© 2016 IBT Media Inc. All Rights Reserved.mobilenapps