Google withdraws standard-essential patent claims in Xbox complaint

Microsoft told the U.S. ITC it was an expected consequence of Google's settlement with the FTC

Motorola Mobility has withdrawn its claims with regard to its standard-essential patents in its complaint against Microsoft's Xbox before the U.S. International Trade Commission.

The move comes after Microsoft told the ITC in a filing that it expects Motorola to withdraw claims relating to two patents it says are essential to the H.264 standard, in view of a settlement last week between Google and the Federal Trade Commission.

Confirming the new motion before the ITC, a Google spokeswoman, however, declined further comment.

Motorola Mobility was acquired by Google last year for US$12.5 billion, to strengthen its patent portfolio in an industry that has become very litigious. But there has been controversy on the extent to which companies should be able to use standard-essential patents to seek injunctions against competitors' products.

Microsoft cited in its filing various documents including a statement last week from the FTC that Google's settlement requires it to withdraw its claims for injunctive relief on standard-essential patents covered under FRAND (fair, reasonable and non-discriminatory) terms, and to offer a FRAND license to any company that wants to license Google's standard-essential patents in the future.

FTC chairman Jon Leibowitz said at a news conference that his understanding was that "they're going to stop trying to seek the injunction or the exclusion order at the ITC," when asked if by the terms of the settlement Google would have to withdraw current cases before the ITC.

But there still appears to be considerable ambiguity on whether Google is required under the settlement to withdraw existing injunction actions before the ITC and courts, with persons close to the situation holding that Google was not required under its settlement with the FTC to withdraw the claims against Microsoft.

After the claims on the patents related to H.264 are dismissed, only one more patent will be the subject of investigation, Microsoft said in the filing.

A policy paper released on Tuesday by the U.S. Department of Justice and the U.S. Patent and Trademark Office stated that a patent owner's voluntary F/RAND commitments may also affect the appropriate choice of remedy for infringement of a valid and enforceable standard- essential patent.

"In some circumstances, the remedy of an injunction or exclusion order may be inconsistent with the public interest," according to the paper. An exclusion order may still be an appropriate remedy in certain situations, such as where the putative licensee is unable or refuses to take a F/RAND license and is acting outside the scope of the patent holder's commitment to license on F/RAND terms, or if the putative licensee is not subject to the jurisdiction of a court that could award damages, it added.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the PC World newsletter!

Error: Please check your email address.

Tags MotorolaGoogleintellectual propertyMicrosoftlegalpatent

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?