Blog 20: Google Struggles Against Microsoft XBox

Administrative Law Judge David P. Shaw recently issued a preliminary ruling recommending that Google cut its losses in a lawsuit against Microsoft's Xbox. Shaw's remand initial determination provided two reasons for  Microsoft's side of the case, one procedural and one technical.

1. The advent of a landmark ruling on S3 Graphics' complaint against Apple led to the conclusion that the ITC can only order exclusion when the importation of goods violates U.S. patent law, NOT when the post-importation use of the goods violates patent law. Because Motorola lawyers argued for a ban based on direct infringement and not on indirect infringement, Judge Shaw ruled that Motorola failed to develop an indirect-infringement at the appropriate stage in the lawsuit.
2. Furthermore, Shaw ruled that Motorola failed to show essential elements of infringement--the Xbox's Kinect accessory is a wired XBox accessory that bypasses the game pad controller. Microsoft's wide marketing of the Kinect accessory reveals that Microsoft did not intend to induce users to infringe upon Motorola's patent.

This preliminary ruling represents another failure on behalf of Google/Motorola's patent portfolio.

http://www.fosspatents.com/2013/04/google-faces-double-hurdle-in-whats.html