The US court has ruled out against Google’s Motorola Mobility unit claiming that the company cannot enforce a patent injunction against Microsoft in Germany. The latest ruling has potentially brought an end to Google’s leverage in the smartphone patent issues.
If the injunction would have come into effect, then Microsoft would have been forced to ban the marketing, offering, using, importing of products such as XBox 360 and Windows software. The new order came from 9th US Circuit Court of Appeals in San Francisco. None of the representatives from Google’s Motorola Mobility have commented on the topic. However David Howard, Microsoft Deputy General Counsel stated that the company is pleased with the ruling in favor of them.
Brian Love, Professor at Santa Clara Law School in Silicon Valley was stated as saying, “To some extent Germany has a reputation as place you can go and get an injunction relatively easy.” As a result of a law suit filed against Microsoft, the company earlier announced their plans to move European Distribution Centers from Germany to Netherlands. Microsoft had previously sued Motorola in US on the year 2010.
The three judges of the 9 Circuit observed the fact that Microsoft had brought a lawsuit against Motorola for its breach of contract in US claiming US courts to have the power for putting the German Injunction on hold. The court ruled, “At bottom, this case is a private dispute under Washington state contract law between two US corporations.”
However European regulators have already started investigation regarding claims by Motorola over charging Microsoft and Apple for patent infringement. Apple and Microsoft consider it to be a breach of anti-trust rules.