U.S. judge orders Motorola not to enforce Microsoft injunction in Germany
The unusual ruling came down on Wednesday
IDG News Service - In an unusual case, a U.S. judge ruled on Wednesday that Motorola cannot enforce an injunction that would prevent Microsoft from selling Windows products in Germany, should a German court issue such an injunction next week.
Microsoft asked the judge for the ruling in anticipation of an injunction that a German court is expected to issue related to a patent infringement suit that Motorola filed against Microsoft in Germany. The suit centers primarily on Motorola licenses that have been declared essential to the H.264 video standard. The German injunction is expected on April 17.
Judge James Robart, who is overseeing a related patent dispute between the companies in the U.S. District Court for the Western District of Washington, said that until a May 7 hearing Motorola can't act to enforce an injunction from the German court without further leave to do so from his court. He also ordered Microsoft to post a bond of US$100 million in connection with the order.
Microsoft argued that if the judge would allow that German injunction to go forward, which ultimately might compel Microsoft to negotiate a license according to German law, the U.S. court would lose its opportunity to make its own ruling on similar licensing issues. The U.S. court should be the one to rule on that issue, Microsoft argued, because Microsoft filed its lawsuit against Motorola over the terms of a licensing deal before Motorola filed its suit in Germany.
"If Motorola's sharp tactics are allowed to unfold, Microsoft will be denied a meaningful remedy in this action. Microsoft seeks a preliminary injunction here to preserve the status quo, to preserve this Court's ability to grant Microsoft meaningful relief, and to prevent irreparable harm to Microsoft and the public in the meantime," Microsoft wrote in its motion asking for a restraining order to prevent Motorola from executing the injunction in Germany.
Robart said it is important that he be able to preserve his right to resolve this dispute. If he were to give up that right, it would lead companies to file frivolous lawsuits around the globe in search of a ruling in their favor, he said.
Issuing the order preventing Motorola from enforcing a German injunction caused the least amount of harm, Robart said. If he had allowed Motorola to enforce a German injunction, Microsoft might have needed to remove its Windows products from the German market, or the company could have decided to negotiate a license, but only with the threat of an injunction hanging over its head. Granting Microsoft's request, however, simply requires Motorola to maintain the status quo, he said.
- Silicon Valley's 19 Coolest Places to Work
- Is Windows 8 Development Worth the Trouble?
- 8 Books Every IT Leader Should Read This Year
- 10 Hot Hadoop Startups to Watch
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- CIOs Deliver Productivity Breakthroughs with Intelligent Digital Signage Retailers have long recognized the influence that digital signage provides over a shopper's point-of-purchase decision making process.
- ERP in the Cloud and the Modern Business View IDC's White Paper, to review IDC CloudTrack Survey findings, gain expert insight into the challenges and opportunities the cloud presents, and determine...
- Oracle ERP Cloud Service - Back-Office Solutions that Keep You in Front Learn how you can harness the power of the cloud to run your business more effectively and lower upfront costs.
- Integration with Oracle Fusion Financials Cloud Service While moving your financial system to the cloud may seem straightforward, truly realizing the advantages of the cloud requires a complete understanding how...
- Top 4 Digital Signage Fails Join RMG Networks for a look at four of the most common reasons digital signage fails in corporate businesses. Learn about strategies to...
Transforming Finance, Procurement and Supply Chain Effectiveness with Cross-Functional Analytics
Date: May 6th, 2014
Time: 1 PM EDT
Attend this Webcast to find out how Oracle's packaged analytic applications enable line-of-business managers to examine all...
All Applications White Papers |