Microsoft prevails in patent complaint

Amongst all the recent patent litigation, Microsoft filed a complaint with the International Trade Commission claiming that Motorola violated six of their smartphone patents. An Administrative Judge has ruled in favor of Microsoft in one of these complaints and dismissed the other five. Both sides have proclaimed victory.

The patent in question deals with generating meeting requests and group scheduling from a mobile device and involves the Motorola Droid 2, Droid X, Cliq XT, Devour and Backflip. The ruling could be seen as a victory for either side.  Motorola skated on the majority of the claims but won't get off scot free.  Motorola faces importation bans and will either have to develop/tweak the technology to avoid the infringement or pay licensing fees to Microsoft.  Still, Motorola is seeing the glass half full.  Motorola's Senior VP and General Counsel stated,

""We are very pleased that the majority of the rulings were favorable to Motorola Mobility. The ALJ’s initial determination may provide clarity on the definition of the Microsoft 566 patent for which a violation was found and will help us avoid infringement of this patent in the US market."

In a similar statement from Microsoft's Deputy General Counsel David Howard, Microsoft claims victory in winning one of six complaints by stating,

“We are pleased with the ITC’s initial determination finding Motorola violated four claims of a Microsoft patent. As Samsung, HTC, Acer and other companies have recognized, respecting others’ intellectual property through licensing is the right path forward.”

So what does all this mean? The Administrative Judge's ruling is the first step in resolving things. The ruling will now go to the full ITC Commission, who will likely support it, and an appropriate action will be determined that may include a ban on importing the devices in question. The ITC's final ruling is then subject to a sixty day review by President Obama.

The ITC final ruling is expected by April 20, 2012. 

source: tgdaily (opens in new tab), allthingsd (opens in new tab)

George Ponder

George is the Reviews Editor at Windows Central, concentrating on Windows 10 PC and Mobile apps. He's been a supporter of the platform since the days of Windows CE and uses his current Windows 10 Mobile phone daily to keep up with life and enjoy a game during down time.

  • I hope all attempts to ban phones over patents fail. I do not care who they are from.  Apple, Microsoft, it doesn't matter to me.  I do not care how old the phones are.  I do not want the precedent set.  If there are violations, fine.  Make them pay a fine.  But all the tech that makes our phones go is built off other tech that has already existed.  All these patent arguments forget that.  I truly am cheering for Microsoft to fail on this attempt.  They will still get a compromise with Moto for their licenses like other Android manufacturers.  They do not need to ban squat.
  • If this is like the other patent cases for Microsoft they arent trying for a ban like Apple does but just wants the licensing fees. That would be somewhat symbolic in some ways with Google now buying Moto. So much for their supposedly free os.
  • Ok clealy you have no concept of owning your stuffs. Think of having patents like going to the movie theater and buying movie tickets. All these companies have not paid movie tickets and sneaked in until now. Just because the technologies were built on existing old technologies doesn't mean todays phones are the same as 20 years ago.
  • Aww u mad homes? How would u feel if someone was making things out of your shít ,selling it and wasn't giving you any compensation whatsoever. Its the same thing. You have no right to wish failure on anyone fighting for this when you know dámn well you'd do the same thing. Can't be any more of a dumb@ss than that.
  • While I am all shades of impressed with your ability to use symbols and cuss like a 17 year old to make your point, I think you missed the point of my post.  All you need to do is click on any Samsung/HTC/Apple link and see the patent war spilling over the edges of nations and each of these manufacturers trying to ban each other to realize in the end the only ones who will loose out is the consumer.  At some point, just one of these attempts will be successful and the precedent will be set.  This is not just Microsoft trying to protect itself.  I am all for that.  I absolutely believe in companies defending their properties.  Problem is, patents in tech are not just based off of one property anymore. Patents are built off of existing, established tech.  Nothing is just "I invented X and you are using it, you thief.". It is "I patented X, which came about because we improved on Z, which is an idea built off of J, and all this was designed off of A,B, and C way back when."  I have no desire to see any company wielding the ability to stop a device being brought to public when ANY device can have some of it's footprint traced back to some other companies idea.  ANY DEVICE can be.  Microsoft is suing Motorola, and Moto about invented mobile phones. 
    I love my Windows Phone, and I respect the crap out of Microsoft.  I just want the threat of banning devices to be defeated so we do not end up missing out on competition and innovation, that is all.
  • "...Cliq XT..." 
    Wansn't the motorola Cliq a Windows Mobile phone?
  • Nope,android.