Intellectual Property Magazine
Microsoft files patent infringement suit against Motorola
United States
Sophie Roberts - Staff Reporter
Following Google's recent purchase of Motorola Mobility to block legal attacks from its technology rivals, Microsoft are already in court arguing that Motorola's Android phones infringe its technology.
Microsoft accused Motorola of infringing seven patents and requested the International Trade Commission (ITC) to ban its Motorola phones in the US, escalating the battle between Windows Phone and Android.
If an ITC judge were to side with Microsoft, this would see a US import ban on Motorola phones called the Droid 2, Droid X, Cliq XT, Devour, Backflip and Charm.
"We have a responsibility to our employees, customers, partners and shareholders to safeguard our intellectual property," David Howard, Microsoft's corporate vice president and deputy general counsel for litigation. "Motorola is infringing our patents and we are confident that the ITC will rule in our favour."
Motorola Mobility, which has just gained a $12.5 billion price tag through Google's acquisition, is keen to defend against the attacks. In a statement which responds to the accusation, a spokeswoman from Motorola said that the company takes every infringement accusation seriously and are prepared to fight - seemingly through a countersuit.
She continued: "We have also brought legal actions of our own in the US and in Europe to address Microsoft's large scale of infringement of Motorola Mobility's patents."
Observers have opined that too much is at stake in Microsoft and Motorola's case, as a loss for either party may mean a weakened position in the emerging mobile market. However, the potential gains could be "enormous". Any win for Motorola would be a surrogate win for Google, and a win for Microsoft would provide the technology giant with an opportunity to extract royalty payments.
The ITC judge is set to issue an initial ruling on 4 November and a final ruling in March 2012.