Press release of September 27, 2012

Microsoft Corporation – a worldwide leader in software, services, and solutions, represented by BARDEHLE PAGENBERG in two parallel patent infringement suits before the Munich District Court – prevailed in first instance and again obtained an injunction against Motorola Mobility Inc. as well as its German distribution company Motorola Mobility Germany GmbH and Bitronic Service Line GmbH (7 O 23493/11 and 7 O 23492/11).

The lawsuits dealt with the infringement of the European patent EP 1 040 406 B1 by several models of mobile telephones and smartphones, as well as tablet computers manufactured and sold by Motorola containing the operating system “Android”. The patent-in-suit relates to the exchanging of input methods like for example virtual keyboards on small, mobile computer devices and, thus, to a central aspect of modern, touchscreen-based mobile devices like smartphones and tablet computers. Observers of the proceedings call these first instance decisions a big strategic success for Microsoft in its ongoing dispute with Motorola over Motorola’s smartphones using the Android operating system, also because – presumably – a design-around solution appears to be hardly possible (Unlike other claims in other intellectual property lawsuits – such as Apple's allegation that Motorola had copied its bounceback list feature – the technology in this case relates to an underlying feature of Android rather than a visual flourish, see http://www.bbc.co.uk/news/technology-19664816)

On October 4, 2011, BARDEHLE PAGENBERG on behalf of Microsoft extended the law suits 7 O 19334/11 and 7 O 19335/11 which before have also been decided in favor of Microsoft with the Munich District Court. In the separated proceedings the seventh civil chamber of the Munich District Court in their decisions of September 20, 2012 held that the independent method claim 23 of the patent-in-suit EP 1 040 406 B1 was being infringed by the attacked embodiments. The seventh civil chamber banned Motorola Mobility Inc., now wholly owned by Google, and its German distribution company Motorola Mobility Inc. as well as Bitronic Service Line GmbH (“Motorola”) from selling the respective devices in Germany. Furthermore, it was inter alia ruled that Microsoft is entitled to a claim for damages.

As in all Microsoft vs. Motorola lawsuits previously decided in favor of Microsoft, the injunction is provisionally enforceable for Microsoft against a security deposit. Motorola may appeal both judgments. Faced with the infringement action, Motorola had filed a nullity action against the patent-in-suit with the German Federal Patent Court which has not yet been decided. Motorola’s request to stay the infringement proceedings until a decision regarding the nullity action remained unsuccessful before the Munich District Court.

These are further decisions in a series of patent infringement suits which BARDEHLE PAGENBERRG conducts for Microsoft against Motorola before the Munich District Court.

Legal Representatives of Microsoft Corporation:

BARDEHLE PAGENBERG (Munich):
Dr. Tilman Müller-Stoy (Attorney-at-Law, Partner),
Peter K. Hess (Patent Attorney, Partner),
Dr. Christian Haupt (Patent Attorney),
Dr. Niels Malkomes (Patent Attorney),
Dr. Thomas Gniadek (Attorney-at-Law),
Tiffany Zilliox (Attorney-at-Law)

Legal Representatives of Motorola:

quinn emanuel (Mannheim):
Dr. Marcus Grosch (Attorney-at-Law),
Dr. Ralf Uhrich (Attorney-at-Law),
Jerome Kommer (Attorney-at-Law)

Munich District CourtI (7. Civil Chamber):
Dr. Peter Guntz (Presiding Judge)

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