Andre Yoskowitz
1 Oct 2012 0:48
Motorola Mobility has lost an appeal in their Xbox software lawsuit against Microsoft.
The three-judge panel upheld an order that blocked Motorola from enforcing a sales ban injunction they had won in May in Germany over Microsoft.
Motorola and Microsoft are in a battle over patents used by the Xbox gaming console and smartphones. Motorola says it is owed royalties for Wi-Fi and video compression tech used in the console, while Microsoft says all of Motorola's Android phones use Microsoft tech and patents.
To avoid the injunction, Microsoft could start taking steps toward a licensing agreement, as long as the rate is determined by Motorola.
"We're pleased that Judge Robart's decision has been affirmed by the Ninth Circuit Court of Appeals, preventing Motorola from enforcing an injunction in Germany until its use of standard essential patents can be closely examined," added David Howard, corporate vice president and deputy general counsel for Microsoft. "It continues to be our hope that Google and Motorola live up to their promises to standards organizations."