German Court awards a win to Google owned Motorola vs. Microsoft in a patent dispute

The Mannheim, Germany Regional Court today ruled in favor of Google owned Motorola Mobility in a patent dispute the company has held with Microsoft Corp. The court ruled that Motorola has not infringed upon a Microsoft-owned patent. The technology in question describes a series of developer APIs that allow applications to work on multiple devices. But EU Patent No. EP1233343 was not infringed by the Android phone maker, the court said.
This victory for Motorola, however, is a rare win for the company who has currently lost 3 patent cases to Microsoft in Germany thus far. The ongoing litigation battle has been a result of Microsoft disputing mobile technology that Motorola is currently using in their devices. The case so far has resulted in Microsoft causing a further sales ban against Motorola Mobility’s products in the country.
“This decision does not impact multiple injunctions Microsoft has already been awarded and has enforced against Motorola products in Germany,” David Howard, associate general counsel at Microsoft, told Reuters.

Germany has become an important market in global patent war between makers of mobile phones, tablet devices and their operating software as court actions have proved relatively cheap and quick than in other jurisdictions.

In August, Microsoft’s chief lawyers stated that the company wanted “patent peace” and was not interested in legal fights. In a blog post by Microsoft general counsel Brad Smith and deputy general counsel Horacio Gutierrez, the two said Microsoft “always has been, and remains open to, a settlement of our patent litigation with Motorola.”
Motorola has made is clear it is seeking a cross-licensing deal with Microsoft instead of having to be subject to the unfortunate “Android fee” that many OEMs have to pay to Microsoft for patents used on each Android device. Microsoft on the other hand hasn’t budged an inch and remains adamant that Motorola pay the appropriate fees. The Seattle, WA based company does not feel cross-licensing makes sense as Motorola does not hold any patents of interest for Microsoft.

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