Press release of Mai 14, 2013

BARDEHLE PAGENBERG successfully represented Microsoft in appeal proceedings with which Motorola tried to proceed against the first instance injunction for patent infringement. With its judgments of April 25, 2013, the Munich Appeal Court dismissed Motorola’s appeal against the judgments of the Munich District Court and confirmed that Motorola infringes a Microsoft patent in connection with sending short messages.

The Munich District Court (case nos. 7 O 19334/11 and 7 O 19335/11) already adjudged Motorola due to infringement of the German part of the European patent EP 1 304 891 in May 2012. The subject of the legal dispute was “communicating multi-part messages between cellular devices using a standardized interface” by different models of mobile phones and smartphones manufactured and distributed by Motorola with the “Android” operating system. To put it briefly, the patent-in-suit concerns the processing and sending of overly long short messages. The patented invention is of particular value to the end user in that the programmer can easily provide a multitude of different SMS applications so that the end user can then select the application which is most comfortable for him.

The Munich Appeal Court also found an infringement of the patent-in-suit by the attacked devices and, by judgments dated April 25, 2013 (case nos. 6 U 2420/12 and 6 U 2421/12), confirmed the first instance decisions, by which the defendants (Motorola Mobility LLC and Motorola Mobility Germany GmbH), which have meanwhile become part of the Google group, had been prohibited from distributing these devices in Germany and by which Motorola had been adjudged to pay damages. Motorola’s request to stay the infringement proceedings until a decision on the parallel nullity complaint filed against the patent-in-suit before the German Federal Patent Court has been rendered did not succeed in the second instance, either.

Microsoft had already enforced the first instance judgment preliminarily, which is why Motorola since then may no longer distribute mobile phones and smartphones in Germany that fall within the scope of Microsoft’s patent. Due to the fact that the Munich Appeal Court confirmed the decision of the Munich District Court last week, the cease-and-desist order remains in force for the time being. The judgments are not final yet; Motorola may invoke the German Federal Court of Justice and request that an appeal on points of law be admitted.

Representatives of Microsoft Corporation:
Dr. Tilman Müller-Stoy (Attorney-at-Law, Partner),
Peter K. Hess (Patent Attorney, Partner),
Nadine Heiartz (Attorney-at-Law),
Dr. Niels Malkomes (Patent Attorney)

Representatives of Motorola:
Quinn Emanuel Urquhart & Sullivan (Mannheim):
Dr. Marcus Grosch (Attorney-at-Law),
Michael Krenz (Attorney-at-Law)

Munich Appeal Court (6th Civil Senate):
Konrad Retzer (Presiding Judge)