A German judge has to agree with Motorola and prohibit the sale of Windows 7 and Xbox 360 due to violation of these products by patents essential to the H.264 video playback. These technologies are supposed to be protected by contractual terms "fair, reasonable and non discriminatory" (FRAND or Fair, reasonable and non-Discriminatory). Motorola wanted $ 4 billion (3 billion euros). Microsoft refused and the judge sentenced him, but Motorola is far from won. This judgment may even be harmful.

Motorola has a deplorable attitude

First, Microsoft anticipated this decision and took the lead entering a U.S. judge on FRAND global contract signed with Motorola. Because of the terms of this agreement and international conventions, the German injunction banning Windows 7 and Xbox 360 in Germany should not be implemented. We do not think he can do anyway.

As highlighted Florian Mueller of FOSS Patents, for the injunction was implemented, Motorola must post a bond of several hundred million dollars that will be seized by the law and who will be given to Microsoft if the injunction is returned by the appeal judge. In short, the decision is mostly symbolic. Microsoft has refused to pay a license to these patents and is now condemned. It is no surprise, but it is also damaging to Motorola.

Indeed, it shows that the firm refuses to negotiate a price that many judges contrary to the principles of FRAND patents. Many experts and analysts disagreed and Europe to open an investigation into the practices of Motorola.



Today's decision is based primarily on procedural issues, but it also characterizes an attitude that could be dangerous for Motorola. Indeed, Europe has agreed to the acquisition of Motorola Mobility by Google provided that prices are reasonable on its FRAND licensing. Motorola Mobility If convicted, the acquisition could be endangered or the new entity could be tightly regulated.

Do not forget that the Chinese market regulators have not approved the agreement and could be a serious impediment to the whims of the search engine. Motorola is the only one who does not want to deal with Microsoft (see "Pegatron will pay Microsoft a license to use Android"). It is the only manufacturer of Android Phones to be suing Redmond. Apple and Microsoft have also filed suit against Motorola for patent infringement. Apple won two injunctions and trial of Microsoft is on track. Motorola has much to be done.

Business,FRAND,Germany,Motorola,Technology,Windows7