Washington Federal Judge Denies Germany's Right to Ban Windows

From DailyTech: Faced with licensing demands from Microsoft Corp. (MSFT) ($10-$15 per handset) and the threat of a ban from rival gadgetmaker Apple, Inc. (AAPL), Motorola Mobility has been pushing forward with its controversial approach of using its standards-heavy patent portfolio in lawsuits. That approach currently has it under antitrust investigation in the European Union, but has not dissuaded Motorola from pursuing enforcement.

Motorola, a top Android phonemaker, continues to operate independently -- for now -- after Chinese regulators held up the approval of the company's acqusition by Google Inc. (GOOG). China appears to be using the delay as a means of bargaining with the search engine provider who has opposed its censorship demands and hacking abuse. That means that for now Motorola Mobility is forging its own way in court.

Motorola's controversial lawsuits against Microsoft, which span several international courts, hit an unusual snag when the U.S. District Court for the Western District of Washington ruled in a special hearing that Motorola could not enforce a FRAND-based ban on Microsoft in Germany.

Microsoft has complained that Motorola is asking for thousands of times the typical "fair, reasonable, and non-discriminatory" (FRAND) rate (which typically is around 2 cents per device). The patent in question is a Motorola patent on h.264 -- a commonly used video encoding standard.

The restraining order, put in place by presiding judge Judge James Robart, may be enforceable as Motorola Mobility is a U.S.-based firm. However, it is unusual in that it is a case where a U.S. federal court is moving to essentially strip a top trade partner of its judicial authority in the short term.

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