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Google Removes Two Motorola Mobility Patents From Microsoft Lawsuit

Google files request with US ITC to remove two standards-essential patents

On by Steve McCaskill 0

Two Motorola Mobility patents are to be removed from Google’s infringement complaint against Microsoft, according to a filing made with the US International Trade Commission (ITC).

Motorola Mobility believes that Microsoft infringes its patents in the Xbox 360 game console. Last May, Motorola was granted an injunction in Germany that prevented Microsoft from distributing the Xbox 360 and Windows 7 in the country. However, it was not implemented in the US.

Motorola Mobility patents

PatentsA motion was filed on Tuesday to remove the patents, which are essential to the H.264 video codec, leaving just one patent remaining in the case, which relates to the same codec. Google withdrew two patents essential to the IEEE 802.11 Wi-Fi standard in October 2012.

Their withdrawal was required under an agreement that Google reached with the US Federal Trade Commission last week that settled two long-running antitrust investigations. The FTC, US Department of Justice and the US Patent and Trademark Office all assert that companies should not request sales bans when filing infringement lawsuits involving standards essential patents.

In December, Judge James Robard of the United States District Court for the Western District of Washington said that if Motorola was successful, monetary damages would be satisfactory as it has committed to submitting its intellectual property to various standards bodies. The sole remaining patent is not believed to be standards essential.

Motorola has also locked horns with Apple, but recently lost its claim that the iPhone violated a patent covering a sensor that prevents accidental hang ups. The patent was ruled to be invalid.

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Steve McCaskill
Author: Steve McCaskill
Deputy Editor
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