Monday, May 28, 2012

Microsoft wins injunction against Motorola Android devices in Germany

Microsoft confirmed that it won an injunction today in a German court against Motorola Mobility Android devices that infringe a patent covering the sending of long text messages.

Motorola, which became a Google subsidiary several days ago, was found to infringe a European patent that covers the sending and receiving of SMS messages that would otherwise violate cellular network size restrictions by breaking the message up into parts and reassembling them on the receiving end. Motorola was cleared of infringing a second patent on technology that makes it easier to provide applications that work in multiple languages.

We haven't been able to get a written copy of the ruling from Munich, but Microsoft confirmed the ruling, saying the injunction means Motorola must get a license for the patent, stop using the patented feature, or stop selling products using the feature in Germany. ?We?re pleased the court agreed today that Motorola has infringed Microsoft?s intellectual property, and we hope Motorola will be willing to join other Android device makers by taking a license to our patents,? Microsoft Deputy General Counsel David Howard said in a statement.

We're still waiting to hear back from Google for comment. UPDATE: We've gotten a statement from Motorola, which says:?"We are pleased that the Munich Court ruled Motorola Mobility did not infringe Microsoft's?EP 0 669 021 patent, which relates to?a specific way to localize programs. For Microsoft's?EP 1 304 891 patent, which relates to?processing of long?SMS?messages, we expect a written decision from the court on June 1st?and upon review, will explore all options including appeal. This is one element of a global dispute initiated by Microsoft."

Germany has been an active front in the ongoing Microsoft/Motorola patent war, with victories on both sides. Motorola recently won an injunction in Germany against the Xbox 360 and Windows PCs, but can't enforce it until a related case in the US plays out. An administrative law judge at the International Trade Commission has recommended an import ban on Microsoft's console as well, while the ITC ordered an import ban on Motorola's Android devices.

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