updated 06:55 pm EDT, Thu May 23, 2013
ITC not reviewing judge's initial remand decision
The US International Trade Commission (ITC) has completed its patent infringement investigation against Microsoft. The ITC has declined to review a final initial remand determination issued by the presiding judge, ending the case in Microsoft's favor. Today's move was primarily administrative, with the actual ruling having happened earlier this year.
On March 22, Judge David Shaw reversed his own previous decision made in April 2012, where he declared that Microsoft had infringed four patents and did not infringe a fifth.
Motorola's lawsuits and ITC filings against Microsoft have primarily been seen as attempts to keep Microsoft at bay from its attempt to push it and every other Android device manufacturer into paying a royalty for Microsoft patents allegedly used in the Google-coded operating system.
Motorola's H.264 (and the previously included Wi-Fi) patents are considered standards-essential, and licensing for these patents must be attempted on a fair, reasonable and non-discriminatory (FRAND) basis by law. Motorola was on the losing end of statements given to the ITC by industry magnates in support of both Apple and Microsoft's use of Motorola's standards-essential patents. As a result of the 2.25 percent request and other issues, both Motorola and parent company Google were under investigation by the FTC for FRAND patent abuse, with a light reprimand issued to parent company Google.