A hefty blow came today when a judge said that there will be no ban against sales of the Xbox 360 in the United States and Germany, much to Motorola's dismay.
The judge, Judge Robart, said that Motorola's patents were "FRAND" (Fair, Reasonable, and Non-Discriminatory), saying that they were critical to industry standards and should be licensed out fairly.
Motorola was seeking damages of $4 billion from Microsoft for them allegedly infringing on the the use of H.264 video codec and 802.11 wireless LAN standards. Microsoft has agreed to pay for the license to use these patents, but wishes to only pay $1 million per year.
(via GI.biz)
The judge, Judge Robart, said that Motorola's patents were "FRAND" (Fair, Reasonable, and Non-Discriminatory), saying that they were critical to industry standards and should be licensed out fairly.
Motorola was seeking damages of $4 billion from Microsoft for them allegedly infringing on the the use of H.264 video codec and 802.11 wireless LAN standards. Microsoft has agreed to pay for the license to use these patents, but wishes to only pay $1 million per year.
“Because Motorola has always been required to grant Microsoft a RAND license agreement for its H.264 standard essential patents, as a matter of logic, the impending license agreement will adequately remedy Motorola as a matter of law,” read the court order.
“In sum, Motorola has not shown it has suffered an irreparable injury or that remedies available at law are inadequate to compensate for its injury. As such, the court need not reach the other elements of the standard for permanent injunctive relief.”
“In sum, Motorola has not shown it has suffered an irreparable injury or that remedies available at law are inadequate to compensate for its injury. As such, the court need not reach the other elements of the standard for permanent injunctive relief.”
(via GI.biz)