Google-owned Motorola has failed to ban sales of the Xbox 360 in both Germany and the United States related to patents the system uses. Motorola and Microsoft have been in a very public court battle over royalty payments related to patents owned by Motorola that Microsoft is using for the Xbox 360 system. Motorola claims that the patents being used by Microsoft are worth $4 billion a year in royalty payments, while Microsoft says that those patents are worth only $1 million a year. U.S. Judge James Robart ruled that Google's Motorola cannot ban sales of Microsoft's Xbox 360 games in the U.S. and Germany because of the patent dispute.
Judge Robart denied Motorola's request because the patents were Frand-type innovations, or inventions which are critical to industry standards and must be licensed on a fair, reasonable and non-discriminatory basis. The patents in question include technologies necessary to make use of videos coded in H.264 format, and internet over Wi-Fi.
The judge said that the outstanding amount owed could be added to Microsoft's bill once the matter was resolved. That resolution will come from a jury trial, where a ruling on whether Motorola's 2.25 percent royalty fee that it is asking Microsoft for was so high that it placed the company in breach of contract.
We will have more on this story as it develops.