On Foss Patent, it was reported that the patent court in Germany ruled the German part of a Microsoft patent, EP0845124, as invalid today. This patent was related to the Google Maps Android app and was filed by Google's Motorola Mobility, following an infringement filing by Microsoft prior. Thus, the invalid ruling is a huge blow to Microsoft. It could have been used to leverage settlement from Google's Motorola Mobility (although it is bought over by Lenovo) as all the infringement claims filed by Microsoft against them in 2010 has yet to go to trial even now.
The case is special as Microsoft is filing for an appeal to salvage the patent immediately. This is special as the appeal is usually filed after the court's written decision is out, which is typically months after the hearing. However, the discussed patent is actually expiring in the Summer of 2015, and the delays from each procedure could eventually mean the patent expires (if appeal turns out to be successful) before any infringement can be ascertained. Since the reversal rate in the patent court is very high, at more than 40% for nullity cases, Microsoft still stand a chance to gain some usefulness out of the patent. It will be a marginal race with time though.
Sources:
http://www.fosspatents.com/2014/02/federal-patent-court-of-germany.html
http://worldwide.espacenet.com/publicationDetails/originalDocument?FT=D&date=20000517&DB=worldwide.espacenet.com&locale=en_EP&CC=EP&NR=0845124B1&KC=B1&ND=4
The case is special as Microsoft is filing for an appeal to salvage the patent immediately. This is special as the appeal is usually filed after the court's written decision is out, which is typically months after the hearing. However, the discussed patent is actually expiring in the Summer of 2015, and the delays from each procedure could eventually mean the patent expires (if appeal turns out to be successful) before any infringement can be ascertained. Since the reversal rate in the patent court is very high, at more than 40% for nullity cases, Microsoft still stand a chance to gain some usefulness out of the patent. It will be a marginal race with time though.
Sources:
http://www.fosspatents.com/2014/02/federal-patent-court-of-germany.html
http://worldwide.espacenet.com/publicationDetails/originalDocument?FT=D&date=20000517&DB=worldwide.espacenet.com&locale=en_EP&CC=EP&NR=0845124B1&KC=B1&ND=4
It is nice to see that how Google is utilizing their Motorola deal finally. So much has been about the patent reform that other news has been muffled. As with these larger smartphone giants, time seems like a key arsenal in patent litigation, and in Microsoft's situation, they are on the line with this reversal.
ReplyDeleteI wrote about the same thing in my post this week! One thing I found that was interesting was that it is not uncommon for lawyers to be working several of these high profile cases at once. In fact, sometimes they switch sides and although they stick to either the defense or the side pursuing litigation they can work against microsoft in one trial and defend microsoft in the next. An interesting dynamic
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