Microsoft sues U.S. Customs office to force Google phone ban

Microsoft sues U.S. Customs office to force Google phone ban

Summary: Here's another Microsoft-Motorola Mobility battle brewing, but we have a new party in the mix: U.S. Customs and Border Protection.

SHARE:

Here's another Microsoft-Motorola Mobility battle brewing, but we have a new party in the mix: U.S. Customs and Border Protection.

The Windows maker filed a lawsuit on Friday at the U.S. District Court for the District of Columbia in Washington against the federal agency.

Notably, Microsoft also named also named Homeland Security Secretary Janet Napolitano in the complaint.

According to reports, Microsoft filed the complaint to force U.S. Customs to follow through on a previous ban against the import of mobile phones made by Google-owned Motorola.

That ban, issued by the U.S. International Trade Commission, is supposed to be in effect through at least April 2018.

However, Microsoft is saying that Google and the U.S. Customs office colluded in secret meetings to allow imports to continue.

There are actually a number of these phone bans floating around right now.

Earlier this week, Apple pleaded to the ITC to hold off on a sales ban that would see older iPhone and iPad models pulled from shelves until a court evaluates the appeal.

That request sprouted up just over a month after the ITC issued a limited import ban on some Apple products following a ruling that the Cupertino, Calif.-based company infringed on a Samsung-owned patent, U.S. Patent No. 7,706,348.

Apple could still be in the luck though because the final ruling could be overturned by the Federal Circuit Court or the White House.

The likely next step for the Microsoft-U.S. Customs-Google/Motorola case is appeal over the aforementioned ITC ban, scheduled for August 6.

via Bloomberg

Topics: Legal, Google, Government US, Microsoft, Mobility

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

Talkback

51 comments
Log in or register to join the discussion
  • If you can't out innovate or market

    get your competition banned from selling products, is that part of the MS reorg?
    DancesWithTrolls
    • Possibly, BUT

      Motorola (Google) tried the same against Apple didn't they?
      http://www.zdnet.com/motorola-mobility-sues-apple-again-seeks-iphone-mac-import-ban-7000002853/
      wizard57m-cnet
      • Motorola (Google) tried the same against Apple didn't they?

        Yes, and that goes for them too. All this legal roadblocking does not shine a good light on anyone who does it.
        DancesWithTrolls
        • We may not like it, nor even agree with it,

          but it is a fact of corporate life in the world, that someone somewhere is looking
          to file an injunction, suit, cease and desist or other court case against a competitor.
          At present, we don't have a good alternative either. I suspect it has been that way for a very long time, probably dating back to the late 1800s even. If a company is in possession of some intellectual property, then it is in that companies best interest to protect that IP in whatever methods are available...licensing, royalties, cease and desist, or outright bans (though getting a ban is probably a bit difficult once a product is on retail shelves).
          wizard57m-cnet
      • Actually

        Google and Moto only fired back when Apple tried it first.
        slickjim
        • Actually, your wrong.

          Motorolla sued Apple first in 2010.

          http://en.wikipedia.org/wiki/Motorola_Mobility_v._Apple_Inc.
          dave95.
          • No

            Not wrong, since the Moto purchase Google has taken the stance of only filing law suits if they are attacked first, anything prior was done on their own.
            slickjim
      • you're saying

        that Apple was never spotted attacking Android? Wait, didn't they invent the rectangle with rounded corners?
        eulampius
        • Such a old tired comment.

          My understanding is Apple was fighting the Android look and feel of the Apple product. Companies outside of the tech world fight for the look and feel of their products stopping other companies from using it. You must remember, when a company does not fight it they are giving their acceptance to the other company thus they in the future they lose the right to fight for their design, feature, and the like.

          Think of it this way, you own land having a private road through it reaching the other side. Folks decide to use your private road as a shortcut. You do not fight it you cannot then later go back and close off that road. Why, you allowed it to continue for a period of time, so you gave your acceptance to that practice, it is now a public road you must maintain. Silence is acceptance.

          So, back to Apple, Motorola, Google, Samsung, et al. They must fight, or lose the future ability to fight wherein other companies gain the right to it by your silence. Not a good thing, similar to time limits, statue of limitations.

          We do not have to like any of this. To protect themselves it is a legal thing companies must do.
          BubbaJones_
          • you do realize

            Apple owns a patent on a "rectangular shape with rounded corners". This one is not the most ridiculous. As most other IT patents they stifle competition.
            eulampius
          • Did they ever use it?

            I couldn't find where they used that patent to stifle competition. Can you provide a link?
            rfoto
    • Windows Phone has way more innovation than

      android. Notably this suit is about MS innovation that Moto copied
      Johnny Vegas
      • Take of the Rose Specs

        and come back to the real universe.
        Not sure where you are atm...... but it isn't here.
        rhonin
        • He's right, and you know it.

          Google blatantly stole a patented piece of technology to use in Android, and rather than do the right thing and seek a patent license, they just used it anyway. This is how Google operates, and they lost the case. You know it, so do me a favor and shut it.
          jhammackHTH
      • the real MS innovation

        is creating a backdoor for NSA (and maybe others, who knows) in their encrytion software.
        eulampius
      • Re: Windows Phone has way more innovation than android

        Maybe that's the problem: Microsoft went for quantity of innovation, while Android went for quality.
        ldo17
    • It does explain all those photos of President Obama

      with the top brass of Google.

      Now we know what Google does with much of it's cash.
      William Farrel
      • Janet Napolitano just resigned today

        for a piggy government gig in cali imagine that.

        They all get rewarded for lying.
        everss02
      • You know why Google kept Schmidt on its rolls

        it is just to have a nice hold the Government. And BO invited Google, FB, Apple for Whitehouse once he got elected for the first term avoiding IBM and Microsoft. I definitely smell something fishy there.
        Ram U
        • It could indicate

          that those companies did indeed cooperate with NSA.
          AlbertEltawil