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ITC Postpones Ruling on Microsoft, Motorola Dispute

ITC Postpones Ruling on Microsoft, Motorola Dispute

ITC Postpones Ruling on Microsoft, Motorola Dispute
News from PCWorld:

The U.S. International Trade Commission on Monday extended by a week the deadline to decide whether to review an earlier determination against Microsoft’s Xbox in a patent dispute with Motorola Mobility.

ITC administrative law judge David Shaw has recommended a ban on Xbox consoles in the U.S. The commission was earlier scheduled to decide on Monday whether to review Shaw’s determination.

Earlier in the day, Microsoft brought in as “supplemental, newly- issued authority” a ruling last week in an Illinois federal court by Judge Richard Posner, and said it supports its position that public interest weighs against the issuance of an exclusion order in the investigation with respect to patents asserted by Motorola that are standards-essential, and that Motorola contractually committed to license to any and all adopters of the relevant standards on free, reasonable and non­discriminatory (FRAND) terms.

Judge Posner ruled last week in a separate case in the U.S. District Court for the Northern District of Illinois that Apple cannot seek an injunction against Motorola in its smartphone patents lawsuit, throwing out the case “with prejudice,” meaning that neither side can refile, although the ruling could be appealed. Posner, an…………… continues on PCWorld

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