The battle between Microsoft and Motorola has been on going for some time now and even though it is consider as being a ?testbed? for lawsuits against other manufactures that use the Google Android platform, the International Trade Commission lately handed Microsoft a victory during the preliminary hearing.
This patent?infringement?case has spanned over numerous U.S. Federal courts already. Back in October, Microsoft filed a suit against Motorola alleging that Motorola?s Android smart phones violated dozens of Microsoft? patents. The following month Motorola counter sued Microsoft and the case has continued to grow because then and now includes close to thirty five patents.
According to Microsoft CEO, Steve Ballmer, making use of the Android operating method, which according to the business infringes on some of their patents, has the danger of incurring legal fees for organizations and also?damages?awards.
During a ruling back in April, an ITC Judge stated most of Microsoft?s asserted patents could be applied more broadly to technologies than Motorola had argued for. Since this was not done it provides Microsoft more of an edge as the case continues forward.
Patent litigation expert, Florian Mueller,?wrote about the recent development on his blog, Foss Patents:
Eight months into the procedure (which is roughly half the time required by the ITC to take a final decision on a achievable import ban), items do not look too good for Motorola ? nor for the Android ecosystem at significant, as other Android device makers would face the same or greater challenges if they had to defend themselves against Microsoft.
Microsoft?s asserted patents and the related infringement allegations appear rather powerful ? in fact, a lot far more solid than the claims created by Apple and Nokia in their ITC battles against every other.
Little victories like this are quite crucial for Microsoft at the moment, specially if they end up going right after other Android device manufactures. Even although Microsoft is not the only company out for blood when it comes to Google Android, they do positive have some possible to do damage.
Back in April, HTC signed an agreement with Microsoft concerning Android devices, which will be setting the scene for a lot more legal battles in the future. Even so, over the weekend an?analyst estimated that considering that the signing of the agreement, Microsoft is making roughly $five off of ever Android device HTC sells.
This is not the initial lawsuit that has taken location when it comes to Microsoft. Following filing their lawsuit on Motorola, they then filed a lawsuit against Barnes and Noble over their Android Nook e-Reader. In a response to this newest lawsuit filed in April, Barnes and Noble said:
?Microsoft is misusing these patents as part of a scheme to try to get rid of or marginalize the competition to its own Windows Phone 7 mobile device operating method posed by the open source Android operating program and other open source operating systems.?
Proper now these lawsuits are ongoing and still attempting to make it via the hoop in hopes of a final choice becoming produced. We will continue to follow these and report on any news that might come about.
Source:
Seattle PI
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Source: http://www.sozzer.com/microsoft-receives-a-small-victory-against-motorola/
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