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Motorola wins Xbox and Windows 7 ban in Germany


Ghozer

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The sales ban covers the Xbox 360 games console, Windows 7 system software, Internet Explorer and Windows Media Player.

 

It follows a ruling that Microsoft had infringed two patents necessary to offer H.264 video coding and playback.

 

A US court has banned Motorola from enforcing the action until it considers the matter next week.

 

Source: http://www.bbc.co.uk/news/technology-17924190

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So let me get this straight... A German court made a ruling in Germany, about German trade rules and yet a US court is able to prevent the winner acting on it?

 

I think it's because the hearing into whether MS are infringing on Motorola's patents (and whether Motorola have been fair in their licensing of those patents) is being held in the US, however, Motorola decided regardless of the progress of that hearing to go to the courts in Germany to stop MS from distributing their products.

 

I think what's happening here is that if the US court decide Motorola have been unfair or MS have not infringed the patents, then the ruling in Germany will also not stand, because it's based on the result of the US findings.

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I think it's because the hearing into whether MS are infringing on Motorola's patents (and whether Motorola have been fair in their licensing of those patents) is being held in the US, however, Motorola decided regardless of the progress of that hearing to go to the courts in Germany to stop MS from distributing their products.

 

I think what's happening here is that if the US court decide Motorola have been unfair or MS have not infringed the patents, then the ruling in Germany will also not stand, because it's based on the result of the US findings.

 

If the ruling in Germany depended on the US findings then surely the German court would have delayed its ruling.

 

This ZDNet article says the German case was over two European patents - not something I would imagine a US court would have any jurisdiction over. This looks like the US court trying to claim authority over what happens in Europe.

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