Judge reschedules decision to Dec. 20th

U.S. International Trade Commission Judge Theodore Essex has delayed his ruling for another four days in the high-stakes trial between Microsoft and Motorola Mobility. The new date for a decision, which was due today, is December 20th. The case is the first real test of Microsoft's claim that it effectively owns large parts of the Android OS through patents, and a win would bar certain Android phones and the Xoom tablet from being sold.

Most of the specific model phones named in the ITC complaint, which was launched in August, are either now discontinued or on the way out, but a victory could possibly put the entire future of Android in doubt, as it would establish legally that Microsoft's patents were violated in the creation of the mobile OS. In addition, the Xoom tablet would be barred from being sold in the US if Microsoft wins the case. In all, seven Microsoft patents are at issue.

Motorola has countersued Microsoft, alleging that Windows Phone violates a number of Motorola patents. Motorola Mobility is currently in the process of being acquired by Google, which could change the nature of the dispute and make Google directly liable should Microsoft prevail in both cases.

Microsoft has encountered considerable success in pressuring handset manufacturers into licensing Microsoft patents it claims are infringed in Android, but the claim has not been tested in court until now. Microsoft currently generates more revenue from its patent claims against Android than it does from its own Windows Phone mobile OS.

By Electronista Staff