Motorola fails to win Xbox ban in US and Germany

Xbox 360 Motorola will not be able to ban the Xbox despite previous patent court victories

Related Stories

A US judge has ruled that Google's Motorola unit cannot ban sales of Microsoft's Xbox 360 games console because of a patent dispute.

Judge James Robart's ruling came part-way through a trial in which the handset maker is claiming its rival should pay up to $4bn (£2.5bn; 3bn euros) a year for use of its connectivity and video-coding patents.

Microsoft has argued the technologies are only worth a fee of $1m a year.

The ruling also applies to Germany.

Judge Robart denied Motorola's request on the grounds that the patents in question were Frand-type innovations - inventions which the firm has recognised are critical to industry standards and should be therefore be licensed on fair, reasonable and non-discriminatory terms.

They include technologies necessary to make use of videos coded in the H.264 format, and to connect to the internet over wi-fi.

Since Microsoft was not challenging the need for a fee, but rather just how much it should pay, he indicated that the outstanding amount owed could be added to Microsoft's bill once the matter was resolved.

Licence fee precedent

A German court awarded Motorola the right to ban Microsoft's Xbox console, its Internet Explorer browser and Windows Media Player in Germany in May because of the dispute.

A judge at the US's International Trade Commission (ITC) subsequently recommended an import and sales ban of Microsoft's Asia-made games console on related grounds.

But Motorola was unable to enforce either ruling pending Judge Robart's ruling in Seattle.

The current case will now continue to decide what would be a fair licence rate for the patents involved - a decision that could act as a precedent for other similar disputes.

A jury will subsequently be asked to rule whether Motorola's earlier suggestion that the two firms should negotiate a deal based on the starting point of a 2.25% royalty fee was so high that it placed the company in breach of contract.

More on This Story

Related Stories

The BBC is not responsible for the content of external Internet sites

More Technology stories


Features & Analysis

  • Cartoon of women chatting on the metroChat wagon

    The interesting things you hear in a women-only carriage

  • Replica of a cargo boxSpecial delivery

    The man who posted himself to the other side of the world

  • Music scoreFinal score Watch

    Goodbye to NYC's last classical sheet music shop

  • Former Secretary of State Hillary Rodham Clinton checks her Blackberry from a desk inside a C-17 military plane upon her departure from Malta, in the Mediterranean Sea, bound for Tripoli, Libya'Emailgate'

    Hillary gets a taste of scrutiny that lies ahead

BBC Future

(Science Photo Library)

Nasa’s amazing airport simulator

How to train 21st Century controllers


  • A robotClick Watch

    The latest in robotics including software that can design electronics to solve problems

Try our new site and tell us what you think. Learn more
Take me there

Copyright © 2015 BBC. The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.