Motorola Mobility has been granted an injunction preventing the distribution and sale of key Microsoft products in Germany, including Microsoft’s Windows 7.
The sales ban covers Microsoft’s Windows 7 PC software, Xbox 360 gaming console, Internet Explorer browser and Windows Media Player, reports the BBC.
These Microsoft products infringe two Motorola patents pertaining to H.264 video coding and playback. Motorola’s in-the-process parent company, Google, competes with Microsoft in smartphones, computing and with in search.
In the US, a restraining order prevents Motorola from enforcing the ruling until the matter is considered by US courts next week. The restraining order was put in place following claims from Microsoft that Motorola was abusing its Frand commitments by not licensing critical technologies under “fair, reasonable and non-discriminatory terms.”
This is not the only patent fuelled litigation between the two companies, with Motorola claiming Microsoft needs licensing agreements for roughly 50 intellectual properties, of which Microsoft estimates will cost US$4 billion in total. Motorola disputes this figure.
In a statement, Motorola said “we are pleased that the Mannheim Court found that Microsoft products infringe Motorola Mobility’s intellectual property. As a path forward, we remain open to resolving this matter. Fair compensation is all that we have been seeking for our intellectual property.”
Microsoft expressed its intention on appealing the decision.
“This is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms for the benefit of consumers who enjoy video on the web,” a spokesman said.
“Motorola is prohibited from acting on today’s decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola’s broken promise.”
Last month Microsoft relocated its European software distribution centre from Germany to the Netherlands in an effort to hedge potential disruptions.
The case, scheduled on the 7th of May, is likely to be considered by the European commission.
