Google just lost out again in a preliminary ruling that stated Micosoft's Xbox gaming console dose not infringe Google's (Motoroloa's) U.S. Patent Number 6,246,862 on a "sensore controlled user interface for portable communication device." This was the only patent-in-suit left in this particular investigation because Google has already withdrawn for SEPs (standard essential patents). In october it dropped its WiRi patents, and after Microsoft told the ITC of the settlement Google wanted, Google went ahead and withdrew two H.264 video SEPs.
"Once again the judge's decision can be reviewed by the Commission, the six-member decision-making body at the top of the ITC. Google already told the media that it's "disappointed with today's determination and look[s] forward to the full commission's review"."
In June, Judge David Shaw, apparently already believed that Google would loose its case. In his notice he claimed that no violation was found. "There are different possibilities: a finding of no infringemenent, a finding of invalidity, or some other (less common) reason. A detailed version of the ruling will become available. It usually takes several weeks before a redacted version is published."
I like what Fosspatent's had to say about this. Basically after every Microsoft-Google ruling in which Google looses, its 12.5 billion dollar purchase of Motorola Mobility becomes more questionable. Microsoft has one 3 German patent injunctions, 1 U.S. import ban, and will probably win another injunction in Germany due to Google Maps. Google's Motorola, on the other hand, has one a few minor cases in Germany that were never enforced. Imagine if Google was charged for its own legal fees as well as Microsoft's fees because it keeps loosing. Maybe then the company would think twice before it waisted time and money on such litigation. In addition, perhaps Google would no longer be as powerful.
"I believe Google will soon realize, or may already have realized, that it needs to pay Android patent royalties to Microsoft, and that Motorola's patent portfolio doesn't give it enough leverage for a "freebie" cross-license."
It's very interesting that Microsoft can start making money on the patents. If the Windows and Office products revenue decline, they can substituted with patents revenue.
ReplyDeleteThe 360 is also such an established product, especially since it has been out for more than 7 years. I find it incredibly hard to believe that Google could have won this litigation. They are wasting more and more money...
ReplyDeleteI agree, I am not sure why they are still putting money into this litigation. It doesn't seem realistic or wise.
DeleteIt will be interesting to see how much Microsoft will charge Google for the royalties on the Google Maps technology. This is a huge blow to Google because they are losing a major market to one of their main competitors.
ReplyDeleteI guess Microsoft can get a huge compensation from Google. I feel like Google a big target for everyone. It seems like any software-related company will sue Google when they need money.
ReplyDeleteGreat post,
ReplyDeleteI truly believe that Motorola acquisition was a strategic movement for Google in order to leverage its power against Microsoft, we will see how it works.
I agree Yuliya. Although the Motorola acquisition has not yet yielded the best results in patent litigation, moving forward, I believe Google will fare better, as well as this being an overall very smart business move.
DeleteI have a feeling Google is playing for the long haul. They are acquiring patents left right and center. I think this is a play to figure out the field and see what patents are important to others.
ReplyDelete