Boy, this legal stuff can get confusing. Let’s take it from the beginning and walk through it. First, we know that the HTC One X and the Evo 4G LTE are currently held up in customs while they check whether the devices violate an ITC exclusion order Apple was granted last December.
Then we heard the ITC has decided to ban the import of Motorola Android phones for infringing on patents by Microsoft, joining HTC in the “import ban” club. FOSS Patents said this order could likely go into effect in 60 days. It’s also possible Motorola could tweak the software to comply with the ITC’s rulings during those 60 days.
As more details were revealed, we now learn that Motorola was found NOT to infringe on 8 patents in the Microsoft case, and only infringed on one specific patent for “generating meeting requests and group scheduling from a mobile device“. This verdict is now under Presidential review, and is subject to appeal. Motorola said in a statement to ArsTechnica:
Although we are disappointed by the Commission’s ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission’s ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.
In other words, there are still viable choices left for Motorola, including modifying software, or appeal. The fight’s not over yet. Unfortunately, the ones who are already losing are us…the customers.
source: foss patents