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Surprise Surprise... NOT. Seattle Judge Grants MS Motion, Bans Injunctions for Motorola's RAND Patents ~pj | 173 comments | Create New Account
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Surprise Surprise... NOT. Seattle Judge Grants MS Motion, Bans Injunctions for Motorola's RAND Patents ~pj
Authored by: Anonymous on Saturday, December 01 2012 @ 03:20 AM EST
Shame the German courts can't override;
"We don't care what the US court said, this is now out of Moto's hands, the
injunction in Europe stands"

[ Reply to This | Parent | # ]

Surprise Surprise... NOT. Seattle Judge Grants MS Motion, Bans Injunctions for Motorola's RAND Patents ~pj
Authored by: Anonymous on Saturday, December 01 2012 @ 04:36 PM EST

This is a slight misrepresentation; The judge has ruled that he can bind the US company. The US company is told to tell it's German subsidiary to not enforce the injunction. That means that the German company won't do it, but everything is still okay within German law.

If the German judge decided, for reasons of public interest or similar, to enforce the injunction separately from Motorola e.g. because it should be illegal knowingly to sell products without appropriate licenses (remember: the consumers in theory become liable for unlicensed use of the patent), then the US court would not be able to influence that in any way.

It would be really interesting to see what would happen if a German reader managed to get a lawyer to persuade the judge to act in this way. E.g. by making a complaint about unlicensed Microsoft products.

[ Reply to This | Parent | # ]

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