Google withdraws ITC patent promises in opposition to Microsoft

Google's Motorola Mobility filed a motion currently together with the U.S. Global 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 involving the 2 corporations, which started in November 2010 when Motorola sued Microsoft more than wireless and video coding patents applied in Xbox and its smartphones. Microsoft countered that Motorola was unfairly in search of extreme royalty payments for that H.264 video patents, that are an sector necessary common and as this kind of needs to be supplied on FRAND (fair, affordable, and nondiscriminatory) basis.

An ITC judge ruled final May possibly that Microsoft's Xbox 360 S video game console need to be banned from import to the U.S. simply because they infringe on Motorola patents. The ITC had been anticipated to release a selection around the proposed ban in August but rather sent the situation back for the judge for reconsideration.

A related situation among the 2 businesses is at present winding its way by the U.S. District Court of Western Washington. Motorola demanded Microsoft spend royalties that may attain $4 billion for its utilization of the engineering. Google stated today's filing could have no effect on that situation.

"Motorola intends to enforce its rights for previous damages from the District Court lawsuits," based on the motion filed these days by Google, which purchased Motorola Mobility final Might for $12.five billion. Closing arguments wrapped up in December along with a choice is anticipated this spring.

When 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 since it does not qualify as an field critical common.
Microsoft welcomed Google's motion, which was filed every week following the U.S. Federal Trade Commission ruled that Google ought to cease blocking the usage of regular critical patents by rivals. The FTC explained in June that this kind of bans on imports could trigger "substantial harm" to shoppers, competitors, and innovation.
"We're pleased that Google has lastly withdrawn these claims for exclusion orders against Microsoft, and hope that it can now withdraw comparable claims pending in other jurisdictions as demanded through the FTC Consent Order," David Howard, Microsoft's deputy basic counsel, explained within a statement.
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