REDMOND SOFTWARE GIANT Microsoft has come out of a patent battle against Motorola with its head held high, after a judge ruled that the handset maker cannot enforce a Windows and Xbox sales ban.
A US court granted Microsoft a restraining order to prevent Motorola from taking legal action based on the rulings of a German court, which could have seen Motorola successfully removing the company's products from the shelves in Germany.
"Motorola promised to make its patents available to Microsoft and other companies on fair and reasonable terms," said David Howard, deputy general counsel at Microsoft.
"Today's ruling means Motorola can't prevent Microsoft from selling products until the court decides whether Motorola has lived up to its promise."
At present, German courts are mulling over whether Microsoft has infringed Motorola patents relating to H.264 video standards. Microsoft has argued that Motorola has abused an industry standard patent by seeking unreasonable terms to license the technology, in that Motorola is asking for a 2.25 per cent slice of the total device price.
Today's ruling by a Seattle judge stops Motorola from requesting an injunction against sales of Microsoft products until it's been decided whether the American mobile phone firm is abusing the patent system.
Motorola has yet to comment on the ruling. µ
Bad for shareholders, mildly good for the planet
YouTube on the Tube
Claims that it hasn't ever actually worked