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ITC: Motorola phone violates Microsoft IP


Wednesday, December 21, 2011

The International Trade Commission has released a preliminary decision against Motorola in Microsoft's patent complaint against the company. The panel determined that Motorola's Anroid smartphones were in violation of one of the seven patents that Microsoft cited in the complaint. 

Microsoft has pursued licensing agreements with a large number of Android manufacturers, and has been successful in getting big players like HTC and Samsung to go along with them. Motorola and LG are the only two large Android manufacturers that have not signed a licensing agreement with Microsoft over the use of its patents, which prompted the case against Motorola.

The patent that the ITC deemed Motorola in violation of pertains to the synchronization of calendars and scheduling of meetings across multiple devices.

"We are pleased with the ITC's initial determination finding Motorola violated four claims of a Microsoft patent," said Microsoft in its statement on the decision. "As Samsung, HTC, Acer and other companies have recognized, respecting others' intellectual property through licensing is the right path forward."

Interestingly enough, Motorola has a very positive outlook concerning the preliminary decision, pointing out that it is pleased that it was found to be in violation of only one of the seven patents.

"We are very pleased that the majority of the rulings were favorable to Motorola Mobility," said Scott Offer, senior  vice presendent and general counsel of Motorola Mobility. "The ALJ's initial determination may provide clarity on the definition of the Microsoft 566 patent for which a violation was found and will help us avoid infringement of this patent in the U.S. market."

Motorola also points out that the original complaint from Microsoft cited nine patents, but was later dropped to seven. It also says that Microsoft infringes on Motorola's own patent portfolio, and mentions the various lawsuits that Motorola has brought up against Microsoft. Microsoft noted that the complaint covers 18 Motorola devices: the ATRIX 4G, Backflip, BRAVO, Charm, CLIQ, CLIQ 2, CLIQ XT, Defy, DEVOUR DROID 2, DROID 2 Global, DROID Pro, DROID X, DROID X2, Flipout, Flipside, Spice, and XOOM tablet.

This preliminary ruling is subject to further review by the full ITC board. A decision is expected to be released by April 20, 2012.

By: DocMemory
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