Microsoft aggressive legal actions regarding to patent infringement of Android devices had rewarded Microsoft with another huge success. First, the USITC ordered an import ban against all Android-based Motorola Mobility devices that infringe a particular Microsoft patent, U.S. Patent No. 6,370,566 on "generating meeting requests and group scheduling from a mobile device" yesterday. Second, the Mannheim Regional Court in Germany just announced its finding today that Google's Motorola Mobility is not entitled to an injunction against Microsoft over its push notification patent because Google owes Microsoft a license under an ActiveSync license agreement. Both rulings shows Microsoft is winning "offensively" and "defensively."
According to Microsoft, more than 70 percent of all Android smartphones sold in the United States now have a license to its patent portfolio. Motorola is the only Android device maker to be embroiled in litigation with Microsoft at this stage. Microsoft recently settled an Android patent dispute with Barnes & Noble, which also resulted in a license agreement. With these two rulings against Motorola Mobility, I would picture that the result of patent lawsuits among Microsoft and Android phone OEMs are eventually sliding in favor of Microsoft. Even though I think FOSS patent blog's author, Florain Mueller's statement is exaggerated, "Android device makers have had zero benefit -- precisely zero -- from Google's $12.5 billion Motorola deal," I agree that the failure of Google's ability to deter third-party patent holders such as Apple, Microsoft and Nokia from winning patent lawsuits really creates confidence issues with Android devices OEMs. I am very curious what Google would do to re-establish the confidence for Android devices OEMs to fight against Microsoft.
Source: http://www.fosspatents.com/2012/05/itc-orders-import-ban-against-motorola.html
I keep running into the idea that Google's purchase of Motorola Mobility for its patent portfolio has failed to pay off. Recently in the UK the 'push notification' patent has been declared invalid and the same may happen in Germany soon. It seems like Google's purchase has done little to help them in the patent litigation realm.
ReplyDeleteI feel that the only way for Google to "fight" against Microsoft would be a totally different case. Some patent battles have gone back and forth for a while, but I feel that Microsoft has gained a lot of traction against Google in Germany. Google will have to pay Microsoft licensing fees.
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