Microsoft legal win over Google may signal ceasefire

So much for the power of Motorola's patents.

Google, which spent $12.5 billion to acquire Motorola and its patents in a deal that closed Tuesday, suffered a major legal defeat at the hands of Microsoft, which successfully argued to a German court that Motorola had violated a patent related to text messaging.

The ruling means Microsoft can enforce a ban on Android products in Germany. But more importantly, it could signal an end to at least one long-running dispute between Microsoft and Android players. In the increasingly popular game of technology legal warfare, the side that gets to a significant ban first typically had the upper hand in negotiating a settlement.

"Google-Motorola will have to take a license, leave the German market, or face serious issues that affect app developers and users," Florian Mueller, a legal consultant who runs the blog Foss Patents, tweeted today.

Mueller has done legal consulting work for Microsoft.

A Motorola representative said in a statement that the company wants to review the written decision, which is expected to be released on June 1, and will review options afterwards. That includes a possible appeal.

"This is one element of a global dispute initiated by Microsoft," the representative said.

Microsoft, meanwhile, was pleased with the result.

"We hope Motorola will be willing to join other Android device makers by taking a license to our patents," said David Howard, corporate vice president and deputy general counsel for Microsoft, in a statement.

While Apple may grab the headlines for its ongoing legal dispute with nearly all of the major Android vendors, Microsoft has slowly been suing or striking licensing deals. It already has a deal with companies such as HTC and Samsung Electronics.

A deal with Motorola and Google could be next. This win is more significant for Microsoft because it's a blow to Google itself, which authors the Android platform for all partners, even if the lawsuit is specifically targeting Motorola.

Microsoft has won a similar ban on Android devices in the U.S., but Motorola won a ban againstXbox 360s here as well. Given the complicated web of potential product bans, a settlement has to be something both sides are weighing heavily.





(courtesy:cnet.com)