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Motorola Awarded Injunction Against Xbox, Windows 7

 & Chloe Albanesius Executive Editor, News

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A German judge today granted Motorola an injunction against the Xbox 360 and Windows 7 in its patent battle with Microsoft.

According to patent blogger Florian Mueller, Judge Dr. Holger Kircher of the Mannheim Regional Court awarded Motorola the right to stop the further distribution of Windows 7, Internet Explorer, Windows Media Player, and the Xbox in Germany thanks to two particular patents. That includes one for "adaptive motion compensation using a plurality of motion compensators" and another for "adaptive compression of digital video data."

But as Mueller pointed out, Motorola still has a tough battle ahead if it actually wants to see those Microsoft products pulled from store shelves.

If it wants to enforce the injunction right away, Motorola will have to pay a bond, or insurance, of at least 60 million Euros to cover itself during the inevitable appeals process. If Motorola loses down the line, those funds will go to Microsoft for the losses it suffered while its products were off the market.

Further complicating matters, the Karlsruhe Higher Regional Court could suspend enforcement of the injunction, while a U.S. district court in Seattle has stepped in to the issue, Mueller wrote.

Earlier this month, the Seattle court approved Microsoft's request to temporarily prevent Motorola from blocking sales of its products in Germany. U.S. District Judge James Robart didn't restrict what the Manheim court can do regarding the patent dispute. But his ruling means that Motorola can't enforce the Germany injunction until the U.S. case is resolved. A hearing on that case is scheduled for May 7, Mueller said.

In a statement, Motorola said it was "pleased" by the decision. "As a path forward, we remain open to resolving this matter. Fair compensation is all that we have been seeking for our intellectual property," according to a spokeswoman.

Microsoft, meanwhile, pointed out that "this is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms for the benefit of consumers who enjoy video on the Web."

"Motorola is prohibited from acting on today's decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola's broken promise," the company continued.

At issue is something known as FRAND (fair, reasonable and non-discriminatory) licensing obligations, which are intended to keep major corporations in check and avoid abusive patent-related behavior. Basically, if a company holds a patent on a technology that is essential to a particular industry, they should make every effort to license that technology, even to major rivals.

Motorola has been accused of making outlandish demands on FRAND-related patents. Bloomberg reported recently, for example, that Motorola demanded $4 billion per year in royalty payments from Microsoft related to its Xbox console.

As a result, the European Commission last month opened a patent abuse investigation into Motorola.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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