Motorla can't ban Xbox 360, says Judge

Motorla can't ban Xbox 360, says Judge
Seth Tipps

By Seth Tipps

December 5th 2012 at 8:09AM

Court rules FRAND patent means no injunction

A US judge has ruled against Motorla, which was seeking an injunction to have sales of the Xbox 360 banned.

The trial began two weeks ago in Seattle, but is only the latest battle ground in what has been an international campaign of litigation.

Motorola has launched several suits over Microsoft's alleged infringement of its fair, reasonable, and non-discriminatory (FRAND) patent, and has won an injunction in Germany.

Microsoft claims the price tag is too high for the "standards essential" patents.

US District Court Judge Robart ruled against Motorola, saying the company should pursue royalties rather than attempt to ban products outright.

"Because Motorola cannot show irreparable harm or that monetary damages would be inadequate, the court agrees with Microsoft that injunctive relief is improper in this matter and grants Microsoft’s motion," reads Robert's decision as provided by The Verge.

The decision seems to imply that FRAND patents in general cannot be used to seek injuctions.

It may be a while before this takes effect, but the message sent to both parties is to agree on a royalty rate.

If that happens, all eyes will undoubtedly turn to Germany to see how the European courts handle the new ruling.