Now it has been reported that Microsoft has won the initial battle from Google as the ITC has held that Microsoft’s Xbox entertainment system did not violate a patent owned by Google subsidiary Motorola Mobility. An adverse observation could have created lots of troubles for Microsoft as it could not have imported Xbox into the United States.
It is not a case that only U.S. companies are fighting for protecting and enforcing their intellectual property rights. Recently, the Japanese company Kawasaki Heavy Industries (KHI) accused Chinese company CSR Sifang of stealing its Shinkansen Bullet Trains. Similarly, the U.K. Supreme Court has held that simply because a cache is created by accessing a copyrighted work, it does not mean that the use accessing the same is violating the copyright.
However, in U.S. IP is taken very seriously. In fact, a proposed U.S. legislation would target companies using stolen intellectual property of U.S. In the present case, the tussle over the Xbox is related to a larger smartphone patent war between Apple, Microsoft and the mobile phone makers who use Google’s Android software, including Motorola Mobility.
The present complaint was filed by Motorola Mobility in the year 2010 accusing Microsoft of infringing upon five patents. However, subsequently four patent violation claims were dropped and only one claim remained on the book. This claim pertained to the ability to allow devices to communicate wirelessly over short distances.
Microsoft is happy with the decision as it has been maintaining that Google had no grounds to block its products. Motorola is disappointed with this decision and is evaluating its options.