Microsoft to Motorola: The way to 'patent peace'

Microsoft's lawyers pen a public note to Motorola suggesting a route to peace in the ongoing patent saga
The ongoing Microsoft versus Motorola patents saga continue to roll, but now Microsoft has published its plan for "patent peace" between the two companies.
In a blog post by Microsoft general counsel Brand Smith and deputy general counsel Horacio Gutierrez, the two top lawyers said Google "mounted a public relations and lobbying campaign deflecting attention from its refusal to honor its promise to standards bodies to license standards-essential patents on fair, reasonable and non-discriminatory (FRAND) terms," which led to authorities on both sides of the Atlantic in the U.S and the EU to investigate.
In order to come to an agreement, a "lasting solution of these disputes will not be reached by leaking settlement positions through the press," Microsoft's lawyers said, adding: "Patent peace will be found through good faith engagement."

Microsoft has always been, and remains open to, a settlement of our patent litigation with Motorola. As we have said before, we are seeking solely the same level of reasonable compensation for our patented intellectual property that numerous other Android distributors -- both large and small -- have already agreed to recognize in our negotiations with them. And we stand ready to pay reasonable compensation for Motorola's patented intellectual property as well.

The patent wrangles have a complicated history: earlier this year more than a dozen Android-powered Motorola devices were banned from being imported to the U.S. for sale because Motorola was found to have infringed Microsoft's ActiveSync patent, thanks to a ruling by the U.S. International Trade Commission (ITC).
More recently, a German court banned the sale of all Motorola devices running Android because the smartphone maker infringed a Microsoft-owned patent relating to file storage.

Meanwhile Motorola secured an injunction against Windows 7 and the Xbox in Germany over H.264 video codecs, though the sales ban will not be enforced immediately. Microsoft said it wanted to use the video compression technology, but Motorola would charge in the region of $4 billion in annual royalties -- which Microsoft said was not at the market rate.
In the new blog post, Smith and Hutierrez went on to detail the two principles to so-called "patent peace," that continues to eat up both companies' time, money and energy, namely that any agreement "must be comprehensive." The second issue relates to H.264 video codecs, one of the most popular codecs available, in which the license fees "must be based on market rates."
But the lawyers warned Google that litigation now "stands at a crossroads."

With its phones and tablets now subject to injunctions in the U.S. and Germany, Google can no longer doubt the relevance of Microsoft's patent portfolio to Motorola's products. Google can take one of two paths: it can choose either to engage in serious discussions to search for patent peace or persevere in its diversionary tactics. We hope it will choose the first course, and we stand ready to engage in good faith if it does.

Motorola was unavailable for comment outside U.S. business hours.

Microsoft vs. Motorola decision sees Droids banned in Germany over FAT patent

The latest development in our neverending saga of worldwide patent warfare is a decision by a Mannheim judge banning Motorola's Android devices on the basis that they violate a FAT storage patent owned by Microsoft. FOSSPatents' Florian Mueller tweets that it is the third victory by Microsoft over Motorola, and Microsoft has already issued a triumphant statement of victory which you can read after the break. There's more details about patent EP0618540 on the site -- it deals with common name space for long and short file names -- including a note about an email from Linux creator Linus Torvalds being cited as prior art. Motorola has been swinging its own patents around as well, but most recently a case to ban the Xbox 360 was delayed. We haven't heard from Motorola or Google on this ruling yet or what their response will be -- entering into a licensing agreement or changing the storage system used on their phones are possible options. Microsoft will have to put up a 10 million euro bond to enforce an injunction if it chooses, we'll check back once the other shoe drops.

"Today's decision, which follows similar rulings in the U.S. and Germany, is further proof that Motorola Mobility is broadly infringing Microsoft's intellectual property. We will continue to enforce injunctions against Motorola Mobility products in those countries and hope they will join other Android device makers by taking a license to Microsoft's patented inventions."
- David Howard, corporate vice president and deputy general counsel, Microsoft

German court upholds ruling in tablet battle

A German court on Tuesday upheld a ruling in favor of Samsung Electronics, denying a request by Apple Inc. to ban sales of the 10.1-inch Galaxy Tab model in Germany.
The ruling by the Duesseldorf Higher Court reiterated a decision by the District Court in February. The court decision comes as executives of both companies have disagreed about the value of each other's patents at a settlement conference ahead of a high profile U.S. trial.
Apple and Samsung have been engaged in a legal battle worldwide since Apple sued Samsung in the United States last year, saying the South Korean company's Galaxy line of mobile phones and tablets "slavishly" copied the iPhone and iPad.
Germany has become a major battleground in the global patent war between makers of mobile phones, tablet computer devices and their operating software as court actions there have proved relatively cheap and speedier than in other jurisdictions.
Samsung changed the design of the frame of the Galaxy Tab 10.1 model and the location of its speaker, and renamed it the Galaxy Tab 10.1 N after a German court last year said the model violated Apple's patents.
The Duesseldorf court on Tuesday said Samsung could continue selling the revised model in Germany. At the same time the court said Samsung could not sell the older, smaller and less popular Galaxy Tab 7.7 in the entire European Union.
In Germany, the model is not for sale.