Google withdraws ITC patent statements in opposition to Microsoft

Google's Motorola Mobility filed a motion nowadays together with the U.S. Worldwide Trade Commission to drop two patents from its patent infringement complaint against Microsoft.

The motion (see under) puts to rest a part of the ITC patent battle concerning the 2 providers, which started in November 2010 when Motorola sued Microsoft more than wireless and video coding patents employed in Xbox and its smartphones. Microsoft countered that Motorola was unfairly trying to find extreme royalty payments to the H.264 video patents, that are an business vital typical and as this kind of should be provided on FRAND (fair, affordable, and nondiscriminatory) basis.

An ITC judge ruled final Might that Microsoft's Xbox 360 S video game console really should be banned from import to the U.S. simply because they infringe on Motorola patents. The ITC had been anticipated to release a determination to the proposed ban in August but as a substitute sent the situation back to your judge for reconsideration.

A related situation amongst the 2 providers is at the moment winding its way as a result of the U.S. District Court of Western Washington. Motorola demanded Microsoft shell out royalties that may attain $4 billion for its utilization of the technological innovation. Google explained today's filing can have no effect on that situation.

"Motorola intends to enforce its rights for previous damages while in the District Court lawsuits," based on the motion filed right now by Google, which purchased Motorola Mobility final Could for $12.five billion. Closing arguments wrapped up in December in addition to a selection is anticipated this spring.

Even though two patents have been dropped from Google's claim, a third (U.S. Patent No. six,069,896) relating to a wireless peer-to-peer network was left within the complaint, presumably simply because it does not qualify as an sector necessary conventional.
Microsoft welcomed Google's motion, which was filed every week following the U.S. Federal Trade Commission ruled that Google will have to halt blocking the usage of regular crucial patents by rivals. The FTC explained in June that this kind of bans on imports could result in "substantial harm" to buyers, competitors, and innovation.
"We're pleased that Google has eventually withdrawn these claims for exclusion orders against Microsoft, and hope that it can now withdraw equivalent claims pending in other jurisdictions as demanded from the FTC Consent Order," David Howard, Microsoft's deputy standard counsel, explained within a statement.
24home