Motorola Android Phones Banned From Import Into The U.S. Over Microsoft Patent Issues

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


About the Author: Ed Caggiani

Originally from the East Coast, Ed now makes his home in San Jose, California. His passion for technology started with his first ColecoVision and Atari gaming systems, and has grown stronger through Tandy computers, IBM clones, Palm Pilots, and PocketPCs. Ed's love for Android began with his first HTC Hero, then blossomed with the original Evo 4G, and now the Evo 3D and Motorola Xoom. He graduated from Syracuse University with a B.S. in Communications, and is now a professional User Experience Designer working in Silicon Valley. In his spare time, Ed enjoys video games, jamming on guitar, and spending time with his wife, two cats, and Logitech Revue.

  • Lawrence D’Oliveiro

    Patents are an anticompetitive monopoly. They date from a protectionist, pre-Capitalist time when it was thought that no business could be successful if it had competitors. That time has long since past, yet we still have those who fondly believe that patents still have a place. They don’t.

  • RTWright

    Patents have their place, but not on Open Source Code.  A lot of what Microsoft and Apple are laying claims to in patents should never have been granted to begin with because they were using XHTML based markup languages to make these so called calls based on action ( Sliding, Pressing, etc… ).  A good number of these so called patents have been in use on devices since the Palm.

    Sadly our US Court Systems do not care enough to look into these claims to that level of detail to find out just how big of a false monopoly these companies are driving their lawsuits off of.  Instead, half of them I can bet are in bed with both Apple and Microsoft and due to some kind of kickbacks will always side with them.  Some one is getting benefits here and it’s not the consumer.