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Microsoft Pri0

Welcome to Microsoft Pri0: That's Microspeak for top priority, and that's the news and observations you'll find here from Seattle Times technology reporter Matt Day.

April 23, 2012 at 3:54 PM

ITC sides with Motorola in initial ruling on Xbox patent case

An International Trade Commission judge has issued an initial ruling today, saying Microsoft’s Xbox gaming consoles infringe on some of Motorola’s patents.

ITC Administrative Law Judge David Shaw ruled that Microsoft violated four of five Motorola Mobility patent, according to Bloomberg, which also reported that Shaw’s findings are subject to review by a six-member commission.

The final ruling is expected in August, according to Reuters.

Today’s decision stems from a lawsuit Motorola filed against Microsoft with the ITC in November 2010. It is one of several lawsuits, spanning several cities worldwide, that the two companies have filed against each other, alleging patent infringement.

Motorola has asked the ITC to prohibit Microsoft from importing Xboxes into the U.S. from China, where they are manufactured.

“We are pleased that the ALJ’s initial determination finds Microsoft to be in violation of Motorola Mobility’s intellectual property,” Motorola said in a statement. “Microsoft continues to infringe Motorola Mobility’s patent portfolio, and we remain confident in our position. This case was filed in response to Microsoft’s litigate-first patent attack strategy, and we look forward to the full commission’s ruling in August.”

(Motorola was referring to an earlier lawsuit that Microsoft had filed in October 2010, saying that Motorola infringed on some of Microsoft’s patents with its Android phones.)

Microsoft also issued a statement, saying: “Today’s recommendation by the Administrative Law Judge is the first step in the process leading to the Commission’s final ruling. We remain confident the Commission will ultimately rule in Microsoft’s favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms.”

(Microsoft was referring to another lawsuit it filed in Seattle in November 2011, saying Motorola was not offering its patents, deemed essential to industry-standard technologies, at fair and reasonable rates.)

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