Motorola wins sales ban on Xbox and Windows 7, but can’t enforce it
Motorola Mobility has won an injunction preventing the sale of the Xbox 360 and Windows 7 from a German court.
Motorola can’t enforce the injunction right away, however. Microsoft will appeal the ruling, and a US judge recently ruled that any injunction in Germany can’t take effect until the related US court case is settled.
The ruling in Germany covers the Xbox 360, Windows 7, Internet Explorer, and Windows Media Player, resulting from Microsoft’s alleged infringement of two standards-essential patents related to the H.264 video codec, the BBC reports today.
Microsoft told the BBC that the German ruling “is one step in a long process…. 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 “broken promise” Microsoft is referring to is Motorola’s pledge to license standards-essential patents under so-called “fair, reasonable, and non-discriminatory (FRAND)” terms. In response to the German ruling, Motorola said “We remain open to resolving this matter. Fair compensation is all that we have been seeking for our intellectual property.”