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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.

September 28, 2012 at 6:09 PM

Ninth Circuit turns down Motorola’s appeal in patent battle with Microsoft

The Ninth Circuit Court of Appeals on Friday decided to let stand a preliminary injunction Microsoft had been granted against Motorola until the original case can be heard in November.

The preliminary injunction, issued by U.S. District Court of Western Washington Judge James Robart in May, will stay in place until the conclusion of the U.S. District Court case, which starts Nov. 13, according to Microsoft.

The preliminary injunction prevents Google-owned Motorola from being able to enforce an injunction it won in a German court against the sales of Microsoft’s Xbox and Windows products in Germany.

“We’re pleased that Judge Robart’s decision has been affirmed by the Ninth Circuit Court of Appeals, preventing Motorola from enforcing an injunction in Germany until its use of standard essential patents can be closely examined,” David Howard, Microsoft’s deputy general counsel, said in a statement. “It continues to be our hope that Google and Motorola live up to their promises to standards organizations.”

We’ve asked Motorola for its statement and will post when we get it.

The preliminary injunction had stemmed from a pair of cases: One that Microsoft filed in Seattle, and another that Motorola had filed in Mannheim, Germany.

In the Seattle case, Microsoft had claimed in a November 2010 U.S. District Court lawsuit that Motorola breached its contract to provide, at reasonable rates, use of its patented technologies that have become standard in online video viewing and wireless usage.

Motorola’s case in Germany, filed there in July 2011, claimed that Microsoft violates some of Motorola’s patents involving those same technologies. That court decided that Microsoft did infringe on those Motorola patents and issued an injunction. But Motorola was unable to enforce the injunction because of the Seattle judge’s ruling.

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