Motorola loses German appeal on Microsoft patent injunction

In May 2012, a German court ruled that an injunction must be placed on Motorola’s Android based-devices being sold in that country, because the judge felt the devices violated one of Microsoft patents. Today, Motorola, now owned by Google, lost an appeal on that injunction in court.

FOSS Patents reports the decision today will keep Motorola smartphones from being sold in Germany. Originally, the court ruled Motorola violated Microsoft's  EP1304891 patent, which deals with “communicating multi-part messages between cellular devices using a standardized interface."

Motorola can still have the decision appealed again and heard before the German Federal Court of Justice. It could also ask that the German Federal Patent Court rule that Microsoft's original patent is invalid. However, at this stage, it's highly unlikely that either scenario will happen.

Microsoft has been signing many patent agreements with most Android-based smartphone companies for the past couple of years, including a patent deal with ZTE earlier this week. One of the biggest holdouts in signing Android patent license deals with Microsoft is Motorola, and it would appear that situation will not be changing in the near future unless Motorola keeps losing court cases such as this one.

Source: FOSS Patents | Gavel image via Shutterstock

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18 Comments

Commenting is disabled on this article.

Meh, no big deal. There are not many new motorola devices anyway and I am sure Google will fix things once they announce/release with Motorola.

Regardless who is at fault and who is suing who...banning products is stupid...especially if no effort has been made to resolve these issues before hand.

techbeck said,
Meh, no big deal. There are not many new motorola devices anyway and I am sure Google will fix things once they announce/release with Motorola.

Regardless who is at fault and who is suing who...banning products is stupid...especially if no effort has been made to resolve these issues before hand.

Plenty of effort was made. Microsoft offers a reasonable licensing of their patents to whomever would like to use them. Google / Motorola could very easily license the patents they want to use. They are choosing not to. So, if they don't want to license them, then Microsoft really has no choice but to go this route.

And honestly, I think this does nothing but hurt Motorola and Google's case in court. They can't claim that reasonable effort was not made on the part of the patent holder (Microsoft), just that they don't want to license the patent. What other option do these courts have?

M_Lyons10 said,

Plenty of effort was made. Microsoft offers a reasonable licensing of their patents to whomever would like to use them.

I was commenting in general and not directing the comment towards any company. Was a little vague so I apologize. Tho, I do agree that if reasonable terms are given and the company is being a jerk about it, then they deserve whatever comes their way.

M_Lyons10 said,

Plenty of effort was made. Microsoft offers a reasonable licensing of their patents to whomever would like to use them. Google / Motorola could very easily license the patents they want to use. They are choosing not to. So, if they don't want to license them, then Microsoft really has no choice but to go this route.

And honestly, I think this does nothing but hurt Motorola and Google's case in court. They can't claim that reasonable effort was not made on the part of the patent holder (Microsoft), just that they don't want to license the patent. What other option do these courts have?

To that point, it will interesting to see what defense they try to make at their breach of contract trial this summer. (for not abiding to their FRAND commitment)

techbeck said,

I was commenting in general and not directing the comment towards any company. Was a little vague so I apologize. Tho, I do agree that if reasonable terms are given and the company is being a jerk about it, then they deserve whatever comes their way.

Agreed. I would be all over Microsoft if it were different. I have no patience for companies that try to charge unreasonable amounts for patent use. Particularly in tech where it's tough not to step on someone's toes...

Bad Man Duke said,
To that point, it will interesting to see what defense they try to make at their breach of contract trial this summer. (for not abiding to their FRAND commitment)

You're referring to Google, right? I know that they were being investigated for unreasonable patent fees, but I hadn't heard anything about Microsoft in this regard. But if I'm wrong, please let me know.

M_Lyons10 said,

You're referring to Google, right? I know that they were being investigated for unreasonable patent fees, but I hadn't heard anything about Microsoft in this regard. But if I'm wrong, please let me know.


Yes, you are correct. MS won that case about the license fees, and now Google is going on trial for not adhering to its FRAND commitments.

Bad Man Duke said,

Yes, you are correct. MS won that case about the license fees, and now Google is going on trial for not adhering to its FRAND commitments.

You mean Motorola instead of Google? As I understand it, Google left Motorola do what they wanted concerning the FRAND issues.

techbeck said,

You mean Motorola instead of Google? As I understand it, Google left Motorola do what they wanted concerning the FRAND issues.

Motorola Mobility is NOT an independent legal entity, hence why Google itself is also involved.

Bad Man Duke said,
Motorola Mobility is NOT an independent legal entity, hence why Google itself is also involved.

I know there were somethings Google was letting Motorola handle itself after the acquisition. Wasnt sure if this one was of them.

Bad Man Duke said,

Yes, you are correct. MS won that case about the license fees, and now Google is going on trial for not adhering to its FRAND commitments.

Interesting. I didn't realize that this was going to trial now. Just unreal. Google deserves what they get as far as I'm concerned... They have no one to blame but themselves...

'tis what happens when you buy a company to be a patent shield than you just don't care - google deserves every f**k they need to swallow

morden said,
'tis what happens when you buy a company to be a patent shield than you just don't care - google deserves every f**k they need to swallow

Google isnt the only company buying up patents/companies for patents.