X

Court clears Microsoft in Motorola injunction case

A court has ruled Microsoft is clear to sell Xbox products in Germany, overturning a sales ban.

Joe Svetlik Reporter
Joe has been writing about consumer tech for nearly seven years now, but his liking for all things shiny goes back to the Gameboy he received aged eight (and that he still plays on at family gatherings, much to the annoyance of his parents). His pride and joy is an Infocus projector, whose 80-inch picture elevates movie nights to a whole new level.
See full bio
Joe Svetlik
2 min read

Another day, another court case, this one between the Google-owned Motorola and Microsoft. A US court has ruled Motorola can't enforce a German court order stopping Microsoft from selling Xbox gaming software in Germany, Bloomberg reports. Good news for German gaming fans then.

Back in April, Motorola won a sales ban on Xbox software in Germany, but that's just been overturned by a three-judge panel in San Francisco. Apparently the lower court's order was judged to be narrowly tailored.

But the squabbles continue. Microsoft contends that all devices running Android use its technology, and is seeking royalties from Motorola. In turn, Motorola says Microsoft has been using its Wi-Fi and video compression technology for years on the Xbox, and should pay up.

Come on guys, didn't you learn anything from the Apple vs Samsung case?

To enforce the German ban, Motorola would have to post a security bond covering potential damages to Microsoft. Or Microsoft could sidestep the injunction by licensing the technology from Motorola for a rate agreed by Moto. But the problem is the two can't agree what that should be.

US District Judge James Robart said an existing contract lawsuit between the two companies in his court would help determine a royalty rate. The appeals court stated that it suited everyone to put the German injunction on ice.

"It is clear that there is a contract, that it is enforceable by Microsoft, and that it encompasses not just US patents but also the patents at issue in the German suit,"the court said.

This has been going on for a couple of years now. Motorola asked for the standard 2.25 per cent royalty on the end price of products using the technologies, including Xbox and Windows products. Microsoft claimed that didn't qualify as 'fair and reasonable' terms, and would mean $4 billion in annual royalties, a figure that Motorola disputes.

It looks like this one will run for a while yet. What do you make of it? Can't we all just get along? Or am I dreamer? Let me know in the comments, or on our Facebook page.