While a final decision will not come before July, U.S.
International Trade Commission Judge David Shaw has stated that
) Xbox game console did not infringe on a patent owned by
) Motorola Mobility division. In a
released this weekend, Shaw said that the purported violation
"has not occurred in the importation into the United States, the
sale for importation, or the sale within the United States after
importation, of certain gaming and entertainment consoles,
related software, or components thereof that are alleged to
infringe asserted claims 1 and 12 of U.S. Patent No.
This lawsuit, which once included five patents, was initially
filed in 2010. At the time, Motorola Mobility was still an
independent firm. When Google acquired the device maker in 2012,
the company inherited Motorola's lawsuit.
Instead of dropping the case, Google decided to proceed.
, Motorola demanded that Microsoft pay $4 billion a year in
patent royalties for use of technology that it believed was
critical to the Xbox's functionality.
Thus far, Motorola has been
in proving that the technology, critical or not, actually
infringed on its patents.
Motorola thought that it had made some progress in April 2012
when Shaw gave his first preliminary decision, announcing that
Microsoft infringed on four out of five of the patents in
question. According to
, the International Trade Commission sent the case back to the
judge for reconsideration before a final decision was made. Since
that time, four of the patents have been dropped from the
As expected, Microsoft and Google had differing reactions to
"We are pleased with the administrative law judge's finding
that Microsoft did not violate Motorola's patent and are
confident that this determination will be affirmed by the
commission," David Howard, corporate VP and deputy general
counsel of Microsoft, told Reuters in an e-mail.
"We are disappointed with today's determination and look
forward to the full commission's review," Google spokesman Matt
Kallman told Reuters, also via e-mail.
While this patent dispute is one of the largest and
longest-running suits in technology, it has not received as much
attention as the ongoing battle between Apple (NASDAQ:
) and Samsung. The two tech giants have been fighting worldwide
over the use of various patents, with both firms claiming that
their patents have been violated.
Apple appeared to have taken the lead after a United States
jury found that Samsung had infringed on the Mac maker's patents
and ordered Samsung to pay
$1 billion in damages
. After an appeal, a
and a number of additional court appearances, Judge Lucy Koh
reduced the award
by $450 million. Koh also announced that while the old verdict
stands, a new jury trial would be used to decide how much Samsung
should pay for infringing on Apple's patents.
Louis Bedigian is the Senior Tech Analyst and Features Writer
of Benzinga. You can reach him at 248-636-1322 or
email@example.com. Follow him
(c) 2013 Benzinga.com. Benzinga does not provide investment
advice. All rights reserved.
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