Motorola has filed a notice saying it is appealing to the Ninth Circuit a recent decision by a judge in Seattle to issue a temporary restraining order.
That TRO, issued last month by Judge James Robart of the U.S. District Court of Western Washington, granted Microsoft’s request to temporarily prevent Motorola from enforcing a possible upcoming injunction that could stop Microsoft from selling Windows and Xbox in Germany.
That injunction was issued Wednesday by a judge in Germany who decided that Microsoft infringes on some of Motorola’s patents.
The German judge granted Motorola’s request for an injunction against the sales of Windows 7, Xbox 360, Internet Explorer and Windows Media Player 12 in that country. The injunction had to do with the use of H.264 video compression in Xbox, Windows software and Windows Phone software, according to Motorola.
But the Seattle judge’s decision last month meant Motorola would not be able to enforce any such injunction — at least until May 7 when a hearing is scheduled.
That hearing, to be held at the federal courthouse in Seattle, will look into the issue of whether Motorola breached its duties to provide standards-essential patents — patents that have become standard use in the industry — on fair, reasonable and nondiscriminatory (FRAND) terms.
It’s one of many patent battles the two companies are waging.
We’ve asked for comments from both Microsoft and Motorola and will post them when we get them.
[Update 12:27 p.m.: Microsoft issued this statement: “This case is about Motorola’s broken promise on its standard essential patents. We have asked the Court to enforce the terms of the contract made by Motorola to license its patents on reasonable and non-discriminatory terms, and the Court has properly prevented Motorola from making an end-run around the Court’s jurisdiction. We remain confident in our case.”]
[Update 1:42 p.m.: Motorola said it filed the appeal as “part of a normal process to preserve our rights.”]