ExclusionOrder
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Import ban on select Motorola Android products starts today
It's been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola's Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 -- alongside a whole pile of lesser-known models-- the exclusion covers all Motorola devices that infringe on Microsoft's patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US -- the ruling won't affect devices already in stock. In its own words: "In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft's ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same."
ITC denies Apple's request for emergency ban against HTC products
Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple's request for an emergency ban against the alleged infringing products. The news follows Apple's request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, "Apple has not demonstrated the propriety of temporary emergency action," and went on to state, "the commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission's limited exclusion order." Just yesterday, the ITC began an investigation to determine whether HTC's products continue to violate a patent held by Apple, which would be a violation of December's exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.
ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)
At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement: Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents. -- David Howard, corporate vice president and deputy general counsel Microsoft We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say. Update: Motorola has issued an understandably somber statement on the ruling: Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.
