Microsoft’s products, including Xbox 360, will not be barred in Germany. A U.S. appeal court ruled against the injunction that would have prevented Microsoft from marketing, importing, of possessions products.
Microsoft can continue to promote its products in Germany
Microsoft can continue to import, promote, offer, market, and use products including Xbox 360s and Windows software. The U.S. Circuit Court of Appeals, San Francisco, made the judgement.
Microsoft’s General Counsel David Howard said in a statement the company was pleased with the ruling; Germany is an area where companies can get an injunction easily, so Microsoft went against the norm in that regard. That’s what Brian Love, Santa Clara Law School professor, said to Reuters following the news.
Motorola, the source of the attempted injunction, is claiming too much according to Microsoft. Microsoft didn’t rule out patents being used, however. A similar statement from Microsoft emerged earlier in the year over a similar dispute.
Motorola Lawsuit All Over Again?
Microsoft has previously been the subject of products being banned in Germany, though issues were quickly resolved. Microsoft was also sued in 2010; then Motorola filed a lawsuit in Germany. Microsoft was preparing to move is distribution center to Netherlands ahead of an injunction.
U.S. courts can put German injunctions on hold. Microsoft already had a lawsuit against Motorola for breach of contract in the U.S. The U.S. court said the dispute is private between two U.S. corporations under Washington law.
Claims are Microsoft may have charged Apple too much for use of patents, though the claims are unconfirmed. A case similar to the Samsung-Apple dispute probably isn’t what Microsoft wants. Apple isn’t present in the console gaming market, though, so it’s unlikely the company will interfere with Microsoft.
Windows 8 launches Oct. 26. Whether Windows services cover the upcoming operating system is unclear.