Court Rules Against Xbox in Motorola Patent Suit

Court Rules Against Xbox in Motorola Patent Suit

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A U.S. International Trade Commission judge has sided with Motorola in a patent dispute over Microsoft's Xbox 360 console.

Motorola has accused Microsoft of infringing upon five of its patents - two of which involved video decoding, two for wi-fi matters, and one patent for a method to facilitate communication between the Xbox and other devices and peripherals. Yesterday, ITC Judge David Shaw ruled that Microsoft is guilty of infringing upon four of the five patents, though he said that one of the wi-fi charges was invalid.

While this certainly isn't good news for Microsoft, it's not quite as catastrophic as it could have been - yet. Shaw's ruling is but the first step in a process; the case and ruling will be reviewed by the six-member commission for final judgment, which is slated to be released in August.

If the ITC sides against Microsoft in full, Motorola would have the ability to block import of Xbox 360 consoles manufactured overseas (which is all of them) unless Microsoft were to reach an out-of-court settlement. Motorola had previously demanded a 2.25% royalty fee on all Xbox 360 revenues; with Microsoft's head in a legal vise it might have the power to demand even more.

Though there are undoubtedly some seriously unhappy phone calls being made this week at Microsoft's HQ in Redmond, the computer giant put a confident face forward in public. "Today's recommendation by the administrative law judge is the first step in the process leading to the commission's final ruling," Microsoft said in a statement.

"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."

Meanwhile, another ITC judge found that Motorola had been guilty of infringement in one of seven patent claims brought against it by Microsoft. The final judgment in that case is set for release in late May, but any effect it might have on the current proceedings - or any potential settlement - is up in the air.

(Bloomberg, via Gamasutra)

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M$ being rinsed? lol.

Over-seas production finally coming back to kick a major corporation in the ass? I call that a win!

I really hate this patent "your product looks close to this very vague patent of mine so Im gonna sue" crap. Standards are so relaxed for patents right now any mess of techish words can be considered a legal patent, which leads to this B.S.

Daemascus:
I really hate this patent "your product looks close to this very vague patent of mine so Im gonna sue" crap. Standards are so relaxed for patents right now any mess of techish words can be considered a legal patent, which leads to this B.S.

Actually, it's pretty uncommon for patents that vague to be upheld.

Zachary Amaranth:

Daemascus:
I really hate this patent "your product looks close to this very vague patent of mine so Im gonna sue" crap. Standards are so relaxed for patents right now any mess of techish words can be considered a legal patent, which leads to this B.S.

Actually, it's pretty uncommon for patents that vague to be upheld.

Doesn't stop them from going to court and trying anyways. Or threatening to go to court to get a settlement.

Copyright Infringement, companie's lottery.

The copyright biz is a good representation of how careful you have to be with anything you create. ANYTHING. Capitalism is all about money-grubby shtuff; nasty nasty business; but we thrive off it.

Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

MC K-Mac:
Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

I'm sorry I didn't realize that nothing to do with computers or electronics was patented by pretty much everyone.
Or do we have to look at ALL the recent law suits against major companies for patent infringement?

You know what would be a good idea? If companies stopped using patents to just squeeze money out of their rivals who develop something similar or something that has built on and improved the original idea.

Patents were meant to promote innovation, not stiffle it.

Why is it that copyright lawsuits are always so fucking stupid? Really, you can't own everything companies; there is a very good reason Mr. Ford wasn't the only one allowed to make automobiles in America.

Wait, how on earth do Motorola own a "patent for a method to facilitate communication between the Xbox and other devices and peripherals." What? Why would they have a patent on that, and why Doesn't Microsoft?

This is something that really annoys me. really annoys me. It hurts innovation, devastates smaller companies, bollockes up the music industry and wastes so much time. Some day I'm just going to go mad and fly to America, run into the congress building all the politicians meet in and start punching them randomly in the throats shouting "Fix your patenting scheme you useless hacks! throatpunchthroatpunchthroatpunch...!"

Krion_Vark:

MC K-Mac:
Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

I'm sorry I didn't realize that nothing to do with computers or electronics was patented by pretty much everyone.
Or do we have to look at ALL the recent law suits against major companies for patent infringement?

I have read and re-read your post and still have no idea what it is that you're trying to say. Care to try again?

MC K-Mac:

Krion_Vark:

MC K-Mac:
Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

I'm sorry I didn't realize that nothing to do with computers or electronics was patented by pretty much everyone.
Or do we have to look at ALL the recent law suits against major companies for patent infringement?

I have read and re-read your post and still have no idea what it is that you're trying to say. Care to try again?

Nintendo, Apple, Sony and a bunch of other companies have gotten sued in the past year for patent infringement. This is not the first time nor will it be the last. PS3s were almost blocked sales in Europe because of a patent infringement lawsuit. Or do you only care when Microsoft comes into play?

Daemascus:

Doesn't stop them from going to court and trying anyways. Or threatening to go to court to get a settlement.

And they usually get chucked right out of court.

MC K-Mac:
Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

You can't be serious. Even if they NEVER created anything themselves, they are largely responsible for the modern PC and computers on a household level. So even if they copied everything they did (bull), they are far from a parasitic force.

You don't have to like them, but really.

So it took Motorola THIS long to find out about it?

Isn't it a tad bit too late for them to call upon the patent issue?

I'd also like to know more on what they copied. If Motorola just made a vague description of their stuff in a patent it shouldn't count.

Because then someone could make a patent on calling someone. Then NO ONE else would be able to make a phone without paying me royalty.
So it sounds more like they are in need of extra money and Microsoft 360 can cover that.

Zachary Amaranth:

MC K-Mac:
Once again, proof that Microsoft has never done ANYTHING it didn't copy from another, more innovative company. Fucking parasites.

You can't be serious. Even if they NEVER created anything themselves, they are largely responsible for the modern PC and computers on a household level. So even if they copied everything they did (bull), they are far from a parasitic force.

You don't have to like them, but really.

Uh, no. Microsoft has never been in the hardware business (well, except the Zune LOL). If you're talking about operating systems, DOS was purchased from an independent programmer for a song and then presented as something they came up with, and Windows was (and is) a blatant rip-off of the Mac OS.

Krion_Vark:

MC K-Mac:

Krion_Vark:

I'm sorry I didn't realize that nothing to do with computers or electronics was patented by pretty much everyone.
Or do we have to look at ALL the recent law suits against major companies for patent infringement?

I have read and re-read your post and still have no idea what it is that you're trying to say. Care to try again?

Nintendo, Apple, Sony and a bunch of other companies have gotten sued in the past year for patent infringement. This is not the first time nor will it be the last. PS3s were almost blocked sales in Europe because of a patent infringement lawsuit. Or do you only care when Microsoft comes into play?

Name one thing that Microsoft has come up with that wasn't at least based on, if not a blatant rip-off of, something else.

MC K-Mac:

Uh, no. Microsoft has never been in the hardware business (well, except the Zune LOL). If you're talking about operating systems, DOS was purchased from an independent programmer for a song and then presented as something they came up with, and Windows was (and is) a blatant rip-off of the Mac OS.

And regardless, was responsible for the ubiquity of PCs. Funny that.

Zachary Amaranth:

MC K-Mac:

Uh, no. Microsoft has never been in the hardware business (well, except the Zune LOL). If you're talking about operating systems, DOS was purchased from an independent programmer for a song and then presented as something they came up with, and Windows was (and is) a blatant rip-off of the Mac OS.

And regardless, was responsible for the ubiquity of PCs. Funny that.

PCs would have become ubiquitous regardless of what OS was on them. Microsoft was in the right place at the right time, nothing more.

MC K-Mac:

Zachary Amaranth:

MC K-Mac:

Uh, no. Microsoft has never been in the hardware business (well, except the Zune LOL). If you're talking about operating systems, DOS was purchased from an independent programmer for a song and then presented as something they came up with, and Windows was (and is) a blatant rip-off of the Mac OS.

And regardless, was responsible for the ubiquity of PCs. Funny that.

PCs would have become ubiquitous regardless of what OS was on them. Microsoft was in the right place at the right time, nothing more.

By that logic, none of the gaming companies (which was the original argument here) contributed anything either. They were just there at the right place and right time.

Zachary Amaranth:

MC K-Mac:

Zachary Amaranth:

And regardless, was responsible for the ubiquity of PCs. Funny that.

PCs would have become ubiquitous regardless of what OS was on them. Microsoft was in the right place at the right time, nothing more.

By that logic, none of the gaming companies (which was the original argument here) contributed anything either. They were just there at the right place and right time.

My point is that Microsoft has never come up with anything on it's own - just copied or outright stole it from someone else. What's your point?

MC K-Mac:

My point is that Microsoft has never come up with anything on it's own - just copied or outright stole it from someone else. What's your point?

NAnd by your logic, neither have Nintendo, Sega, Sony, etc.

So...You basically undercut your own point.

My point? Just look at the history of this conversation. I've been explicit a couple of times.

Zachary Amaranth:

MC K-Mac:

My point is that Microsoft has never come up with anything on it's own - just copied or outright stole it from someone else. What's your point?

NAnd by your logic, neither have Nintendo, Sega, Sony, etc.

So...You basically undercut your own point.

My point? Just look at the history of this conversation. I've been explicit a couple of times.

My point doesn't come from any particular logic - it is merely a statement of fact. All three of the companies you've mentioned have been responsible for original creations. Microsoft is not.

I was nice enough to restate my point for you. Please do me the same courtesy.

Hero in a half shell:
Wait, how on earth do Motorola own a "patent for a method to facilitate communication between the Xbox and other devices and peripherals." What? Why would they have a patent on that, and why Doesn't Microsoft?

Motorola has been in the radio business since the 30s, they've got all kinds of wireless communication and handheld electronics patents.

This is why Google bought Motorola Mobility. They don't really want to be in the cell phone business, but they were tired of Android devices being sued and needed a relevant patent library of their own. This way a lawsuit from one of their competitors (like Microsoft) risks mutually assured destruction.

 

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