Google has suffered yet another defeat in its overseas patent battle with Microsoft.
A German court ruled Thursday that a number of tablets and smartphones made by Google’s Motorola Mobility division infringe a Microsoft patent, and granted the software giant a ban on their sales in Germany. Microsoft must pay a bond of $61.4 million if it wants to see the ban implemented.
The patent at issue in the case covers “a method and system for receiving user input data into a computer system having a graphical windowing environment.” And it covers a functionality that Microsoft alleges has been built into Android. Indeed, the only reason Microsoft hasn’t asserted the patent against other Android device makers like HTC and Samsung is because those companies have already agreed to license it. Google is the lone holdout. And now it must either modify Android to avoid further infringement or agree to pay Microsoft the royalties it demands.
Microsoft was quite pleased with the ruling, the third that has gone in its favor against Google in Germany. “We’re pleased this decision builds on previous rulings in Germany that have already found Motorola is broadly infringing Microsoft’s intellectual property,” Deputy General Counsel Dave Howard said in a statement. “We will continue to enforce injunctions against Motorola products in Germany and hope Motorola will join other Android device makers by taking a license to Microsoft’s patented inventions.”
Google has not yet replied to a request for comment, but it will undoubtedly appeal the court’s ruling and request a stay of the injunction.
Update: This just in from Google’s Motorola Mobility unit: “We are waiting for the written decision and are evaluating our options, including an appeal.”