In a patent combat between Motorola and Microsoft Corporation (NASDAQ:MSFT), the latter has won the ruling. James Robart, the U.S. District Court Judge incharge of the hearing, overruled Motorola’s claim to ban the sale of Microsoft products. According to the claims of Motorola it infringes the H264 patents. Infact James Robart blocked Motorola from banning the sale of the products of Microsoft in Germany.
The verdict comes as a festive gift for Microsoft and means that the software giant’s Xbox and Windows along with the other products of the company would not be banned for sales in the U.S. market. Motorola claims that Microsoft has used the technology unlawfully and this embroils the two tech-giants in a legal spat across the globe.
Despite of Microsoft agreeing to pay a particular sum as a royalty to its counterpart, Motorola upholds its fair, reasonable and non discriminatory terms and wants the products of Microsoft to be banned till the time the company makes attempts to officially acquire the licence over them. The company further asserts that Microsoft should pay a royalty of 2.25% which amounts to $4 billion based on the product price. Microsoft finds the price to be too high to accommodate. The very fact of Motorola asking for a royalty and Microsoft declining to pay the sum makes “fair and reasonable” debateable.
Though the ruling of Judge James Robart is not the final say in the case, the block on any injunction continues to be upheld. The final decision on the case is not expected to render a final decision until the spring.