Motorola Can't Stop Microsoft from Selling Xbox 360 Consoles in the U.S.

Judge issues new decision in the ongoing patent lawsuit between the companies

By on December 4th, 2012 20:21 GMT

Motorola and Microsoft have been engaged in a bitter legal war for the last year or so over some essential patents and now a judge from Seattle has ruled that the mobile phone company can't ask for an injunction against Microsoft's Xbox 360 even if it wins the case, meaning the large console manufacturer can continue selling the device in the U.S.

Patents are quite tricky and have sparked a variety of lawsuits between big companies. The gaming industry has also had its fair share of such rivalries, the most recent being a fighting between Microsoft and Motorola.

Microsoft fired the first round by accusing Motorola of violating some of its patents and the mobile phone company quickly fought back by claiming that Microsoft's Xbox 360 violates patents relating to the H.264 video codec and the IEEE 80.11 Wi-Fi standard.

This sparked trials around the world, with Motorola winning a preliminary injunction against Microsoft in Germany, while a U.S. judge also recommended that Microsoft should stop selling the Xbox 360.

Now, judge James L. Robart from Seattle has cast a summary judgment after hearing a 2-week long case between the two companies, via RedOrbit, saying that Motorola can't seek an injunction against Microsoft even if it wins the case.

According to the respected judge, Motorola is already licensing the patents to Microsoft and the damage caused by the console maker to the mobile phone manufacturer by its initial lawsuit isn't enough to ask for a total injunction on its products.

"Because Microsoft will pay royalties under any license agreement from the time of infringement within the statute of limitations, this license agreement will constitute Motorola’s remedy for Microsoft’s use of Motorola’s H.264 standard essential patent portfolio to include the Motorola Asserted Patents. Accordingly, Motorola cannot demonstrate that it has been irreparably harmed," the judge said in his ruling.

As of yet, however, judge Robart hasn't started deciding the actual final verdict on the case.

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