Microsoft and Motorola have been battling over patent licenses in two countries, the United States and Germany. In the US, 18 Motorola Android-based devices are currently banned from being shipped into the US, thanks to an ITC decision that ruled those products use ActiveSync patents owned by Microsoft.
More recently, a judge in Germany banned the sale of Android-based Motorola phones in that part of the world, with the judge agreeing with Microsoft that the devices were in violation of a File Allocation Table (FAT) patent owned by Microsoft.
Today, in a new Microsoft blog post, two of the company"s top legal executives, Brad Smith and Horacio Gutierrez, said that Microsoft truly wants to talk to Motorola, now owned by Google. The blog states:
Microsoft has always been, and remains open to, a settlement of our patent litigation with Motorola. As we have said before, we are seeking solely the same level of reasonable compensation for our patented intellectual property that numerous other Android distributors – both large and small – have already agreed to recognize in our negotiations with them. And we stand ready to pay reasonable compensation for Motorola’s patented intellectual property as well.
That doesn"t mean Microsoft is going to lay over for Motorola. The blog post said that all patent legal fights must end, accusing Motorola of "cherry picking” one part of their disputes while keeping the rest active. All patent payments must also be in accordance with current market rates, according to Microsoft.
The blog post ends with Microsoft saying:
This particular litigation now stands at a crossroads. With its phones and tablets now subject to injunctions in the U.S. and Germany, Google can no longer doubt the relevance of Microsoft’s patent portfolio to Motorola’s products. Google can take one of two paths: it can choose either to engage in serious discussions to search for patent peace or persevere in its diversionary tactics. We hope it will choose the first course, and we stand ready to engage in good faith if it does.
Source: Microsoft blog