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Motorola infringes one Microsoft patent, but not six others, ITC judge rules

Motorola infringes one Microsoft patent, but not six others, ITC judge rulesMotorola has violated components of one Microsoft patent, but it hasn’t infringed on six different Microsoft patents that have been the topic of the Redmond firm’s go well with towards the cell phone maker, an administrative regulation judge for the U.S. Worldwide Commerce Fee stated at the moment in an preliminary choice within the case.

It’s a partial victory for Microsoft in a intently watched battle over Google’s Android working system. Microsoft claims that Android violates its mental property, and the Redmond firm has succeeded in hanging licensing offers and accumulating royalties from different Android gadget makers.

Microsoft and Google haven’t squared off in courtroom over the problem, but Google is within the strategy of buying Motorola, partly for its giant assortment of mobile-related patents.

“We’re happy with the ITC’s preliminary dedication discovering Motorola violated 4 claims of a Microsoft patent,” stated David Howard, a Microsoft company vice chairman and deputy basic counsel, in an announcement launched by the corporate. “As Samsung, HTC, Acer and different corporations have acknowledged, respecting others’ mental property via licensing is the fitting path ahead.”

The Microsoft patent that Motorola was discovered to infringe, No. 6370566, was issued in 2002. It includes scheduling conferences and appointments from cell gadgets, utilizing e mail addresses and make contact with info and synchronizing calendars throughout computer systems and gadgets.

Earlier this week Apple received a authorized victory in its patent battle vs. Android, winning a ban on the import of some HTC smartphones beginning subsequent 12 months.

Replace, 3:50 p.m.: Microsoft lawyer and intellectual-property government Horacio Gutierrez says on Twitter: “Not less than 18 Motorola merchandise impacted by ITC’s discovering of patent infringement by Motorola, together with the Atrix, Droid and Xoom pill.”

Replace, 4 p.m.: Motorola basic counsel Scott Supply tells AllThingsD.com’s Ina Fried that the corporate sees the ruling as “an enormous win for us,” stating that Microsoft initially sued over 9 patents.

On the similar time, a violation of one patent might be sufficient for Microsoft to safe an injunction. The ITC will now evaluation the judge’s ruling and problem a ultimate choice to find out if the import of any Motorola gadgets will likely be banned.

Right here’s the listing of 18 gadgets that Microsoft says infringe on the patent: Atrix, Backflip, Bravo, Attraction, Cliq, Cliq 2, Cliq XT, Defy, Devour, Droid 2, Droid 2 World, Droid Professional, Droid X, Droid X2, Flipout, Flipside, Spice, Xoom Pill.

Replace, 4:21 p.m.: Right here’s the textual content of a information launch issued by Motorola on the choice …

LIBERTYVILLE, Unwell., Dec. 20, 2011 — Motorola Mobility Holdings, Inc. (NYSE: MMI) (“Motorola Mobility”) at the moment introduced that it has acquired discover that the Administrative Regulation Judge (“ALJ”) within the U.S. Worldwide Commerce Fee (“ITC”) motion introduced by Microsoft (NASDAQ: MSFT) towards Motorola Mobility has issued an preliminary dedication. The ALJ decided that Motorola Mobility does not violate six of the seven Microsoft patents listed in Microsoft’s go well with. The Firm famous that Microsoft had beforehand dropped two patents from its authentic case which included 9 patents.

“We’re more than happy that almost all of the rulings have been favorable to Motorola Mobility,” stated Scott Supply, senior vice chairman and basic counsel of Motorola Mobility. “The ALJ’s preliminary dedication could present readability on the definition of the Microsoft 566 patent for which a violation was discovered and can assist us keep away from infringement of this patent within the U.S. market.”

Microsoft continues to infringe Motorola Mobility’s substantial patent portfolio and Motorola Mobility has lively patent infringement litigation and proceedings towards Microsoft in plenty of jurisdictions, together with the ITC. Motorola Mobility stays assured in its place and can proceed to maneuver ahead with its complaints.

The ALJ’s preliminary dedication is topic to additional evaluation by the ITC. The ultimate choice on this case, primarily based on the deliberation of the total ITC, is anticipated by April 20, 2012. The ITC’s ultimate dedication ruling can be topic to a 60-day evaluation interval by U.S. President Obama. The Firm famous that gross sales exterior the U.S. are not throughout the focus of the ITC.

Comply with-up: Microsoft vs. Motorola: The 13-year-old patent filing in the middle of a smartphone war

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