ITC Rules the Xbox 360 violates Motorola patents

[CorruptedDragon]

Ruh roh

http://gamepolitics.com/2012/05/22/j...t-ban-xbox-360

After the court session ended, Judge Shaw exited out the back entrance and into a waiting Limo. Once inside, the occupants cheered and celebrated as Judge Shaw ripped off his mask revealing Indy aka Rex. High fives were given all around with Michealo, RRS, and Analog...as the wine glasses overflowed and male docking ensued and the hedonistic limo of pure evil continued on it's journey straight into the bowels of hell.

[Bane]

Shaw slapped down that argument saying that enforcing intellectual property rights outweighed the economic impact on game console buyers and there was no evidence that Microsoft’s competitors wouldn’t be able to handle the demand.

Shaw must follow Sony and Nintendo's NPD numbers.

[Badger3920]

Is this still only concerning the injunction against sales of the 360 in some EU countries, where a US judge had previously recommended against an injunction until he heard prelim arguments?

[CorruptedDragon]

Is this still only concerning the injunction against sales of the 360 in some EU countries, where a US judge had previously recommended against an injunction until he heard prelim arguments?

Nope, the US.

Of course, we all know that it will end in some kind of settlement. Why? A few days ago MS won the same style verdict against Motorola.

The U.S. International Trade Commission today ordered an import ban on Motorola Mobility Android products, agreeing with Microsoft that the devices infringe a Microsoft patent on 'generating meeting requests' from a mobile device. The import ban stems from a December ruling that the Motorola Atrix, Droid, and Xoom (among 18 total devices) infringed the patent, which Microsoft says is related to Exchange ActiveSync technology.

Today, the ITC said in a 'final determination of violation' (PDF) that 'the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry for consumption of mobile devices, associated software and components thereof covered by ... United States Patent No. 6,370,566 and that are manufactured abroad by or on behalf of, or imported by or on behalf of, Motorola.' Motorola (which is being acquired by Google) was the last major Android device maker not to pay off Microsoft in a patent licensing deal. Microsoft has already responded to the decision, saying it hopes Motorola will now reconsider."

So at this point, MS has won a ban on Motorola android phones entering the US and Motorola has won against the 360. Both will come to some kind of settlement, probably both agreeing to drop the case against the other.

[Badger3920]

Nope, the US.

Of course, we all know that it will end in some kind of settlement. Why? A few days ago MS won the same style verdict against Motorola.



So at this point, MS has won a ban on Motorola android phones entering the US and Motorola has won against the 360. Both will come to some kind of settlement, probably both agreeing to drop the case against the other.

Shall we ready the champagne for a PS3 npd win? (joking of course, this likely won't have any effect on sales)

[CorruptedDragon]

Shall we ready the champagne for a PS3 npd win? (joking of course, this likely won't have any effect on sales)

Champagne....on ice and ready!
Streamers.....ready!
fireworks......ready!

Suicide prevention hotline in case it doesn't pull out a victory......manned and ready to go!

[Averry]

Then anybody can reverse engineer your product....change one or two steps in the process....and release a cheaper version of your product because they didn't have to pay years worth of R/D.

Except I think that happens anyways.

Okay...for like...cars...for example...they basically all have the same functioning parts. Water pumps, alternators.....to throttle position sensors...and so on and so forth. Although I'm certain that many items are patented, and or reverse engineered, there is also a lot of licensing going on.

I wish that when I customer bitched I could tell them that most likely they are paying for a bunch of cross licensing and patents that are entrenched in this part even though the actual materials would in no way make up the value of the item. But they'd just be like...."whaaaaaa.....go to hell."

[MA16v3]

http://gamepolitics.com/2012/06/21/m...ox-360-windows

Microsoft Rejects Motorola Royalty Fee Offer on Xbox 360, Windows
June 21, 2012

Motorola has proposed royalty fees to Microsoft in an attempt to put an end to its long running and global patent disputes, but the Xbox 360 and Windows OS maker has rejected its offer claiming that the royalty payments are too high. Motorola's offer would squeeze a 2.25 percent royalty on every Xbox 360 sold and a 50 cent royalty fee on every copy of Windows sold. The royalty fees relate to patented Motorola technology that both products use.

The International Trade Commission is currently considering an order of exclusion that would effectively ban the sale of both products in the United States. Meanwhile a German court has ruled in favor of Motorola effectively banning the sale of the Microsoft products in that region. Apple, Activision Blizzard, the ESA, and other game industry heavies have petitioned the ITC asking them not to ban the Xbox 360 in the U.S., saying that the impact on U.S. consumers and businesses dependent on the console would be devastating.

At the heart of this fight are licensing fees.

Microsoft alleges that Motorola Mobility (now owned by Google) breached royalty contract with the company by demanding unreasonable licensing fees for use of the patents. Microsoft says that it would have had to spend around $4 billion each year to cover the licensing costs.

We will continue to follow this story as it develops.

Source: CVG

Why would Apple care?

[CorruptedDragon]

http://gamepolitics.com/2012/06/21/m...ox-360-windows



Why would Apple care?

Probably because it would set a precedent. Apple doesn't want to be put in a position where the same type of thing could force a ban on ipads, iphones, etc. It's in their best interest to make sure MS "wins", even for Sony. I imagine if this was happening to Sony, MS and Apple would be on their side as well.

[Topps]

Why would Apple care?

Because what Motorola/Google is doing is BS. That's why Apple is caring. Soon Motorola will go after Sony as well. And then you will care too.

[Badger3920]

Because what Motorola/Google is doing is BS. That's why Apple is caring. Soon Motorola will go after Sony as well. And then you will care too.

Hang on. First, yes this is classic patent trolling BUT if memory serves, Microsoft fired the first salvo of shots in this fight. MS brought a different lawsuit alleging infringement on some other issue.

In either case, what you're seeing here is that large companies hold a ton of patents and often borrow from one another's ideas - or directly use each other's technology. When one company tries to sue the other, this is what happens - regardless of who sues first.

[RedRedSuit]

kekekekekeke

[Topps]

Hang on. First, yes this is classic patent trolling BUT if memory serves, Microsoft fired the first salvo of shots in this fight. MS brought a different lawsuit alleging infringement on some other issue.

In either case, what you're seeing here is that large companies hold a ton of patents and often borrow from one another's ideas - or directly use each other's technology. When one company tries to sue the other, this is what happens - regardless of who sues first.

Exactly my point. Agreed.

[Badger3920]

Exactly my point. Agreed.

You argued that apple cares because motorola/google are off on some binge of committing BS acts and they'll soon do so against sony as well.

My point was contrary to yours. I said "IIRC, MS slung patent mud and Motorola is retaliating."

Our points are not the same or even necessarily congruent. This looks ugly but it seems that MS was 'askin for it' given their own prior bad acts.

[Indy_aka_Rex]

All of this stems from MS and Apple's patent troll suits against Android manufacturers. Once Android started showing steam MS sued HTC over "patents" it held that HTC "infringed" upon (arguable, but HTC settled anyway since they also wanted in on WP7), and they soon went after Motorola and Smasung. Moto countersued with its own patents and I'm not sure where Samsung is on all of this.

Likewise with Apple, who's a bigger offender than MS with its bullshit design patents. Going after HTC by using design patents in particular was a steaming pile. HTC practically invented modern smartphone design.