A German court has issued an injunction against sale of the Xbox 360, Windows 7, and other Microsoft products. Judge Holger Kircher of the Mannheim Regional Court granted the injunction based on the findings of the International Trade Commission last week that Motorola patents were being violated by Microsoft.
This does not mean that the Xbox 360 will be banned immediately in Germany, because Microsoft has stated that they will immediately appeal the ruling. During the appeal, Microsoft is able to continue selling the Xbox 360. Likewise, a US court has ruled that product sale in Germany can not be affected until the case is fully decided in America (given that the companies are based in the US). So for the time being, the Xbox 360 will continue to be sold in Germany.
Last week, it was the finding of the International Trade Commission that Microsoft has violated four of Motorola's patents. Of the four patents found to be infringed, three of them are essential to the use of the Xbox, and should fall under FRAND (fair, reasonable and non-discriminatory) licensing, meaning that Motorola is all but required to license the patents at a reasonable rate. These patents include Wi-Fi and video decoding patents.
The rulings here are not final, however, Motorola's goal in the suit is apparently to force a settlement, by attempting to block Xbox exports. Motorola has demanded a 2.25% royalty on all Xboxes sold.
Motorola's statement on the matter is "Microsoft continues to infringe Motorola Mobility's patent portfolio, and we remain confident in our position. This case was filed in response to Microsoft's litigate-first patent attack strategy, and we look forward to the full commission's ruling in August."
Microsoft responded "We remain confident the Commission will ultimately rule in Microsoft's favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms."
The ITC investigation of all patent claimed is expected to complete around August 23.
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