US Judge Forbids Motorola From Using German Injunction Against Microsoft
from the do-as-you-would-be-done-by dept
Here's an interesting development in the legal battle between Microsoft and Motorola in Germany that we discussed recently. It seems that Microsoft is worried that the German court might award Motorola an injunction against it, and so has asked a US judge to stop Motorola from using it in that case -- and he agreed:
In an unusual case, a U.S. judge ruled on Wednesday that Motorola cannot enforce an injunction that would prevent Microsoft from selling Windows products in Germany, should a German court issue such an injunction next week.
So this is a US judge forbidding a company from applying an injunction that it might be awarded in Germany, by a German court. That sounds rather like one jurisdiction is interfering with another, but Microsoft apparently thinks that's reasonable:
Microsoft argued that if the judge would allow that German injunction to go forward, which ultimately might compel Microsoft to negotiate a license according to German law, the U.S. court would lose its opportunity to make its own ruling on similar licensing issues. The U.S. court should be the one to rule on that issue, Microsoft argued, because Microsoft filed its lawsuit against Motorola over the terms of a licensing deal before Motorola filed its suit in Germany.
It's striking that Microsoft isn't such a big fan of patent courts -- especially efficient ones that produce their judgments rapidly -- when it is on the receiving end of patent lawsuits, rather than the one making the threats.
It's also pretty rich that Microsoft should complain about the possibility of an injunction being granted against it by another jurisdiction when that is precisely what it is trying to do by filing an action against Motorola in the International Trade Commission as well as in a US District Court. If Microsoft says German courts shouldn't get involved in its dispute with Motorola, it's equally ridiculous that an international trade body should be dragged into a domestic dispute between two US companies, as Techdirt has noted before.
Basically, Microsoft is just whining because it thinks it's going to lose in Germany, and has gone running to the US judge in an attempt to subvert that country's judicial system. It's a huge pity that he acceded to this ridiculous request: it creates a terrible precedent that's likely to lead to more such interference in the legal systems of other countries -- including foreign courts ordering companies not to obey US rulings -- and a general weakening of respect for the rule of law around the world.
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Filed Under: germany, injunction, jurisdiction
Companies: microsoft, motorola
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You can't blame Microsoft
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Re: You can't blame Microsoft
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What? Greedy corporatists RESPECT the law?
[LOL]**100
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"A German regional court Friday backed an earlier court decision that banned Apple from offering push emails in Apple's iCloud and MobileMe services in Germany, granting Motorola Mobility a victory in a global patent war among several technology companies. "
http://apple.slashdot.org/story/12/04/14/066215/german-court-upholds-ban-on-push-email-in-apple s-icloud-mobileme
So this seems to be a global patent war. If one company asserts patents on another company in one country, that company may have patents asserted against it in another country.
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Re:
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Breaking Solidarity
It could make countries see the international aspect of IP in a negative light!
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Re: Breaking Solidarity
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Re: Breaking Solidarity
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Re:
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All that is necessary for Apple to succeed is for Google men to do nothing.
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Just wait till a Chinese court decides that since it views certain things as illegal, EVERYONE MUST!!
Ah got to love the law of unintended consequences.
On the other hand Microsoft doesn't just use their power for evil. In WA (where I live) they told the local government that they either needed to allow gay marriage or they were leaving the state. That was a nice change. They were not the only company doing it, but they are what most people think of for big companies in the NW.
I want to say Amazon/Google were in on it also, but I can not remember for sure, and I am to lazy to find a link.
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This judge will get slapped around, this ruling was just the cherry on the top of his ex-carrier.
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But as wrong as it is, the US court can punish Motorola in the US for doing something outside the US that the US court doesn't like.
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Gonna make the Germans very happy, that is and make Microsoft even less popular among Eurocrats and politicians than it already is which, until I saw this, I just didn't think was possible.
Of course the German court could then step in and fine Microsoft the equivalent amount that the court in Seattle fines Motorola and then we get into a nice little closed loop here.
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Then understands that IF the US Court punishes Motorola for doing something that is actually legal then the German court could punish Microsoft and also the USG itself.. Though I wouldn't be surprised if the German court sent it upwards to higher courts (lot higher) that made an example of Microsoft and the US Court system and allowed major damages against Microsoft for all of EU.
The USG cannot afford economically or treaty wise to destroy comity arrangements. Otehr3wise comity arrangements could be wiped across the board with US Courts on any and all civil matters.. NOT A GOOD OUTCOME!
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damn who's been feeding my keyboard drugs?? LOL
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I'm sure other countries will hate us less now...
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Short Term Thinking
If this keeps up we may just see the return of the 18th century privateer. ie state sponsered software piracy.
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Summary misses the point
Motorola and Microsoft (both basically US companies) were already in a US court arguing this same issue (US patents) long before Germany got involved. Motorola didn't like the way the US case was working out, so it tried to gain some leverage by opening a second case in Germany. The US court is telling Motorola that this is unacceptable -- the US case has precedence, and taking a second shot at Microsoft in Germany before the case is determined in the US amounts to double jeopardy and an end-run around the US jurisdiction. The US court can't control how the German court decides, but is telling Motorola that if it takes action against Microsoft (i.e. by taking advantage of a German court's injunction) before the US court has come to a decision, that Motorola will be in contempt of court in the US.
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Re: Summary misses the point
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Re: Summary misses the point
If Motorola can prove that Microsoft has committed a wrong in Germany (remember German laws are NOT US laws especially in regards to patents etc) than whether or not a US case based on similar though not the same (point in time and jurisdiction different) that is going on is absolutely irrelevant and totally wipes out all comity that has been built up between courts over centuries.
The only entity in contempt is the US Judge who allowed this and Microsoft's counsel. That is contempt of sovereignty and legal reciprocity.
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Re: Summary misses the point
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TechWorld article has more information
The case went to trial in the US first. Motorola is venue shopping here, searching for a way to force Microsoft to settle (by getting an injunction in Germany) before it gets a judgement against it (in the US). I thought TechDirt was opposed to venue shopping. I guess venue shopping is ok if it is being done to sue Microsoft, right?
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Re: TechWorld article has more information
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Strange
So this cannot be about the same conflict that is fought in the US because its totally different law and even a totally different patent (a german one instead of a US one)
How the f*** can a US Judge think they have any right to interfere?
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Yet another act of war?
us juristication ends at the red-white and blue border. Exceed it and you are committing an act of war.
Of course, eternal war is the us business plan.
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Yet Another Act of War form the us?
us jurisdiction ends at the red-white and blue border.
Exceed it and you are committing an act of war.
Of course, eternal war is the us business plan.
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