Microsoft doesn’t infringe on Motorola patent, says Commission

May 23, 2013
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As we reported on March 22, a judge with the U.S. International Trade Commission took Microsoft's side in a legal battle that has been going on since 2010, saying the company did not infringe on Motorola Mobility patents. While Microsoft was pleased with the ruling, Google obviously was less enthusiastic, and said it would have the finding reviewed by the Commission. As of today, things have once again been found in Microsoft's favor.

Following the ruling on March 22, a final initial determination was made on April 23, both of these concerning the last remaining patent of what was several when the legal battle was initiated by Motorola before Google acquired it. Four patents that were part of the spat were dropped, those concerning video patents and the last remaining one concerning the wireless technology used by the Xbox for communication with controllers and other devices.

Originally, a Commission judge had ruled in Google's favor, having pegged Microsoft for infringement of four of those five original patents. As with the other rulings, that went to review, where it was overturned, and later became moot as most of the patents were dropped, two because they're about to expire and weren't worth battling over, and two following a settlement with the FTC.

As we reported, Google sought to have the finding reviewed, but the US International Trade Commission wasn't game with that plan, and has instead filed an official notice that it will not review the final initial determination from the previous months, instead upholding the finding by the initial judge back in March, and subsequently in April. As such, Google is out of legal maneuvers in this battle, and because this is the last patent remaining in the spat, the investigation has reached its close with Microsoft as the victor.

Said the statement filed earlier today by the US ITC: "Having examined the record of this investigation, including the ALJ’s final ID and RID, the petitions for review, and the responses thereto, the Commission has determined not to review the RID ... The investigation is terminated." Such a ruling comes mere days after Microsoft unveiled the Xbox One.

SOURCE: US International Trade Commission


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