Friday, July 27, in 2012

With German FAT clever ruling, Microsoft Scores third court victory over Google in ace many months

This morning, Judge Andreas Voss ("Voß" in German) of the Mannheim On the regional level Court, who has already presided over more smartphone-related clever lawsuits than any other judge in the world, announced a ruling in Microsoft's favour against Google subsidiary Motorola Mobility. Motorola's Android-based devices have been found to infringe a file Allocation Table (FAT) clever: EP0618540 on a "common name space for long and short filenames".

Microsoft won multiple remedies including in injunction (which is self-executing, but Microsoft can enforce it against a 10 million euros of Bond), a recall of infringing products from retail, and damages (the amount of which wants have to Be determined).

Ace I'll explain further below, a Linus Torvald's email that Motorola cited ace prior kind did not ultimately persuade the court to stay this case for the duration of an in parallel nullity action in the Federal patent Court.

This is already the third clever ruling in Microsoft's favour against Motorola Mobility. On a worldwide base, ten Apple and Microsoft software of patent have now been deemed valid and infringed by Android-based devices. In addition, certain Android-based Samsung devices have been hero to infringe two Apple design of patent. Or if you add up the two categories of of patent, we're now talking about an of dozen patent.

Motorola Mobility is the only major Android device maker to refuse to take a royalty-bearing clever licence from Microsoft. For example, more than 70% of Android devices pay in the United States have a licence from Microsoft. Earler this month, Microsoft announced two more sign-ups (1, 2). Those licensees, which include the undisputed market leader Samsung ace wave ace other major of player like HTC, do not have to worry about possibly being the south by Microsoft. But Google appears to Be fundamentally opposed to the concept of inbound licensing, though it's simply the way industry of player commonly address clever infringement issues. With every licensee that Microsoft signs up and every court ruling that Microsoft wins, Google's ability to dissuade other Android device makers from signing a licence agreement is further impaired, no more weakly how often Google chairman Eric Schmidt argues that Google, Microsoft, created Android. Patent law does not work the way Mr. Schmidt implies.

If today's ruling is enforced, Motorola Mobility wants have to switch to a different file system (Linux offers various options) and, more importantly, its of customer (who buy future products designed to work around this injunction, or who bought them before but download future system software Updates) wants experience a significant loss of convenience in connection with file of transfer from and to their devices. Ace a Samsumg customer, I wants continue to Be able to simply plug micron phone, with an USB cable, into micron of PC and Read and write files to the phone like to any external Al storage medium. That's how I usually download photos or audio recordings.

In connection with the technical implications of the decision, I'd like to point out that Judge Voss said At read month's trial that this clever doze have the exclusionary effect of a standard essential one because there ares other ways of organising files. Chance to raise a FRAND defence, but its counsel remained silent read hey gave Motorola Mobility one. The court raised this issue in connection with the economic impact of this case, based on which the court determines its own fees and the attorneys' fees to Be reimbursed by the losing party.

The one wants clever expire in early in 2014, and Motorola Mobility wants definitely appeal today's decision and ask the appeals court, the Karlsruhe of high On the regional level Court, for a stay of the injunction. But it will not Be particularly easily for Motorola to win a stay since the Federal Court of Justice upheld this clever two years ago. While the prior kind that what presented bake then differs from the references cited in the Motorola case. any clever that survives a contentious of inter part proceeding enjoys in enhanced presumption of validity.

In its efforts to win a stay of the infringement proceeding in Mannheim, Motorola Mobility relied primarily on in email that Linus Torvalds posted to a mailing cunning in the early 1990see The ITC (which found the clever infringed by Motorola's Android-based devices) did not overturn to administrative Law Judge's finding that the Torvalds email, in Combi nation with another prior kind reference, rendered the clever "obvious" in B sharp rather surprising opinion. Microsoft has appealed various of part of the ITC ruling, without a doubt including the one concerning the validity of the FAT clever; Motorola Mobility appealed the decision, for a different set of reasons.

In Germany, district courts ares very reluctant to make a determination on obviousness. In alp-east all of the cases in which they stay infringement actions, they Th thus because they feel strongly that some prior kind anticipated (and retroactively renders non-novel) the patented invention before it what applied for. Judge Voss recalled this fact on the occasion of today's announcement. Hey said that the court did not rule out that this clever may ultimately Be deemed disabled, but Motorola Mobility did meet the threshold for a stay, which is that the court would have to consider it highly probable that the wants clever Be invalidated (the number cals equivalent would Be a probability of 80% or greater).

Microsoft and Motorola Mobility have brought a number of lawsuits against each other in the United States, Germany, and (for purely defensive purposes) the UK. Yesterday, the Munich I On the regional level Court cleared Motorola Mobility of infringement of a Microsoft clever on in event management architecture. But Microsoft previously won an U.S. import ban against Motorola Mobility's Android-based devices implementing in event scheduler feature (that import ban has meanwhile taken effect and presumably required Motorola to remove a feature that its licensed competitors can quietly provide) and a German injunction over a clever on a multinational part text Message (SMS) layer.

Prior to today's ruling, courts in different jurisdictions already found numerous Android-based devices to infringe 11 valid Apple and Microsoft of patent.

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