Source: NBC News
quote: While it may seem puzzling how a U.S. court can prevent a German court from banning products, it can effectively do so as Motorola resides in the U.S. and could face fines and other penalties if it refuses to comply.
quote: The issue here is that Motorola Mobility and Microsoft had a matter in federal court here that addressed the dispute (regarding licensing a portfolio of 100 patents). Only after that matter was filed here did Motorola Mobility file their claim in Germany over 2 specific patents.
quote: How Microsoft can refuse to negotiate and unilaterally decide that an opening offer is "unreasonable" when there is no ruler's edge and it's specifically left to the parties to work out, is the mystery in this picture. Meanwhile, Microsoft's using the Motorola patents and paying nothing to Motorola. Not one penny. Not one counteroffer that I know of.It wants the courts to decide what is a fair price, which isn't the ITU procedure as I'm reading it, and it wants Motorola to be toothless in the face of a user of the patents who simply won't pay and won't even negotiate. And it wants the friendly local home court in Washington State to set the price for the whole world.
quote: The U.S. Court isn't preventing the German court from doing anything, since it can't. What they are doing is preventing Motorola Mobility from taking action to enforce the court ruling they obtained in Germany because the U.S. judge believed Motorola Mobility went "forum shopping" in an attempt to end-around the U.S. court where Motorola Mobility and Microsoft had been arguing their cases. The issue isn't the validity of the patents in Germany. The issue is whether Microsoft can require Motorola Mobility to issue it a license to that technology under Washington state contract law.
quote: U.S. court's don't issue these rulings at the drop of a hat. The ruling goes into a lot more detail as to their reasoning.
quote: quote: quote: U.S. court's don't issue these rulings at the drop of a hat. The ruling goes into a lot more detail as to their reasoning. And I'm sure detailed and complex reasoning went into the ruling that Samsung deliberately and flagrantly infringed on Apple, and now owes it $1B USD, right?I'm sorry you can't have it both ways.
quote: quote: U.S. court's don't issue these rulings at the drop of a hat. The ruling goes into a lot more detail as to their reasoning.
quote: When did I even mention Apple v. Samsung?
quote: That isn't relevant to this case, which is Motorola Mobility vs. Microsoft. Apple v. Samsung was a jury trial regarding US patents in the US.
quote: Unlike juries, appellate courts need to justify their reasoning, which the decision clearly does.
quote: favor of parasitic software companies like MSFT and Apple is like shooting your own foot before you die of hunger.
quote: Apple's best product ever is hype and one might think this is software