Microsoft, the world largest software maker, has accused Motorola of using technology derived from Microsoft’s inventions in Android-based smartphones. Microsoft has requested the International Trade Commission (ITC) in Washington to halt the imports of certain Motorola phones due to infringement of seven of its patents.
David Howard, Microsoft’s corporate vice president and deputy general counsel for litigation, said in an e-mail:
We have a responsibility to our employees, customers, partners and shareholders to safeguard our intellectual property. Motorola is infringing our patents and we are confident that the ITC will rule in our favor.
Microsoft has requested ITC to block the imports (ITC has the power to stop imports of products that violate U.S. patent rights) of Motorola Droid 2, Droid X, Cliq XT, Devour, Backflip and Charm phones. According to the information on ITC’s website, Theodore Essex, the administrative law judge is scheduled to release his findings of the case on 4th of November this year.
Jennifer Erickson, a Motorola Mobility spokeswoman, said in an e-mail:
Motorola Mobility is vigorously defending itself against Microsoft’s patent attack business strategy. We have also brought legal actions of our own in the U.S. and in Europe to address Microsoft’s large scale of infringement of Motorola Mobility’s patents.
This is the first case to be heard by the ITC related to smartphone dispute since Google has decided to buy Motorola Mobility for $12.5 billion to inherit patents that could be used to safeguard against the flood of lawsuits targeting Android-based handsets and tablets.