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ITC initial determination finds Microsoft doesn't infringe Motorola peer-to-peer wireless patent

Michael Gorman, @Numeson
March 22, 2013
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Microsoft and Motorola's spat in the International Trade Commission started way back in 2010, but it looks like the case may be finally drawing to a conclusion after an initial ruling in Moto's favor was remanded for a second look. Reuters reports that on remand, the presiding administrative law judge reversed his stance in a new initial determination, clearing Microsoft of the remaining infringement charge for patent number 6,069,896 on wireless peer-to-peer technology. In response to this bit of good news, Microsoft VP Corporate VP and deputy general counsel had this to say:

We are pleased with the Administrative Law Judge's finding that Microsoft did not violate Motorola's patent and are confident that this determination will be affirmed by the Commission.

Back in October of last year, Motorola dropped the two WiFi-related patents it had asserted against Microsoft, and in January of 2013 it dropped both of its H.264 related patents from the ITC proceeding. With this latest ruling, it looks like Microsoft will escape from the ITC scott free, though it's not out of the woods yet, as the final call from the full commission won't occur until July. And, of course, Motorola can always take things to the Court of Appeals for the Federal Circuit should it choose to do so. Isn't the system of endless appeals that is the United States judicial system wonderful?

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