updated 07:50 pm EDT, Wed August 17, 2011
Motorola lawsuit won't outpace Microsoft at ITC
Motorola's attempt to countersue Microsoft and fend off Android attacks was dealt a large setback Wednesday when Microsoft was granted a motion (below) to transfer the lawsuit. The step takes the suit out of the Southern District of Florida, where the lawsuit would likely have gone quickly, to a Western District of Washington court. It followed a delay from October to March 2012 and now doesn't have a definite date at all.
While a setback by itself, it follows Microsoft successfully fending off an attempt by Motorola to institute a three-month delay in a hearing for Microsoft's ITC complaint. Motorola will still face an ITC verdict on March 5, 2012, leaving it with the prospect of a ban on its products before its countering lawsuit can reach trial. Its best hope would be a November 2012 trial.
The setback could leave Google's buyout of Motorola in an awkward position, as the takeover might be approved only to see some Motorola products banned from sale in the US but no immediate recourse in sight.
Motorola does have an ITC complaint over Xbox technology in progress, but this too isn't expected to resolve in time. [via Florian Mueller]