Google retreats; drops key patent claim against Microsoft

Google retreats; drops key patent claim against Microsoft

Summary: Google's Motorola Mobility unit has asked the ITC to sweep two patent complaints under the carpet.

SHARE:
11
ftc google itc withdraw two 2 patent claims allegation microsoft xbox

Google's Motorola Mobility unit has asked the International Trade Commission (ITC) to drop two patents deemed key to the case it has filed against Microsoft over patent infringement allegations.

The tech giant's change of heart comes after it filed the complaint against Microsoft's XBox console, which the company said infringed on two wireless technology-related patents owned by Google's recent acquisition. Once the Federal Trade Commission (FTC) completed its investigation of Google's alleged antitrust behavior, in order to settle the case, Google was required to agree to limits concerning when it would ask courts to block products the company believed infringe on Motorola-owned patents. However, there is little clarification on how the FTC's ruling has -- or will -- affect current litigation.

Microsoft considers the two patents standard-essential, and has previously refused to license them for Google's demand of up to $4 billion a year. In return, Google had asked the ITC to halt the sales of the XBox within the United States.

Within the FTC's ruling, Google is now required to offer a number of patents deemed standard-essential to the industry on fair, reasonable and non-discriminatory (FRAND) terms.

Recently, the U.S. Department of Justice and U.S. Patent and Trademark Office recommended within a report that allowing sales bans in patent-related cases should be the exception to the rule, as it has the potential to impact competition and innovation within the industry.

According to a filed motion to dismiss the two disputed technologies, one patent remains outstanding in the spat between the two tech firms.

David Howard, Microsoft's deputy general counsel, said in an emailed statement to Reuters:

"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions."

Topics: Google, Microsoft, Patents

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

11 comments
Log in or register to join the discussion
  • War over pretend IP is heck

    And to heck with all of it.
    JustCallMeBC
  • Google retreats; drops key patent claim against Microsoft

    Another victory for Microsoft!
    Loverock-Davidson
    • Loverock-Davidson:

      Another garbage-spewing bed-buddy troll for Microsoft!
      Naryan
    • SORRY LL you always jump on the MS bandwagon......

      Did you not read the full story where MS has been asked to withdraw ot halt some of its B###S### claims against Google.

      It would seem Google has taken the high road and called a halt on these litigation to end the war.

      Good on Google now lets see MS take the same stance, and there is fat chance of Microsoft doing that.
      carlsf@...
      • "Did you not read the full story..."

        "...where MS has been asked to withdraw ot halt some of its B###S### claims against Google."

        So I read the story above and I don't see anything to that effect. Is there some other story you're referencing? If so, would you be kind enough to provide a link?

        Or is this just a vent regarding the patents Microsoft is claiming against Linux and has been getting cross-licensing traction on?
        PollyProteus
  • Finally ZDNet woke up

    this happened two days back and you are reporting now? I wonder what made this as low priority news at ZDNet!
    Ram U
    • Two reasons

      1. It doesn't involve Apple
      2. It doesn't make Microsoft look bad
      Loverock-Davidson
  • So what is the remaining patent cover?

    Just asking.
    radleym
    • 896 patent

      U.S. Patent No. 6,069,896

      Capability addressable network and method therefor

      http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN/6069896
      daikon
      • I think Motorola/Google is suing Apple too on that IP

        n/t
        Ram U