THE UNITED STATES International Trade Commission (ITC) has ruled that Microsoft's Xbox games console infringes patents held by Motorola Mobility, as the battle between the two companies continues.
ITC administrative law Judge David Shaw has come to a preliminary ruling that the Xbox infringes four out of five Motorola patents relating to moving video files and connecting to the internet wirelessly. However Microsoft has challenged Motorola's right to use these patents in court, arguing that they form part of industry standards and are meant to be licensed under "fair, reasonable and non-discriminatory" (FRAND) terms.
The Redmond based software house remains positive, as a Microsoft spokesperson said, "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 favour in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms."
Motorola also remains confident, telling The INQUIRER, "We are pleased that the ALJ's initial determination finds Microsoft to be in violation of Motorola Mobility's intellectual property. 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." µ