Microsoft could lose its rights to distribute in Germany products that use the H.264 video standard and the 802.11 WiFi standard, pending a court ruling on April 17. According to Motorola, those products infringe on its patents.
If the court rules that Microsoft indeed infringes on Motorola's intellectual property in its use of these standardized technologies, this could exclude Microsoft from the German market and cause irreparable harm to Microsoft and the public, Microsoft claimed in court documents filed with the U.S. District Court for the Western District of Washington on Wednesday. The software company asked the U.S. court for a temporary restraining order and a preliminary injunction preventing Motorola from enforcing any legal victory in its case being heard in Mannheim, Germany, until a U.S. lawsuit between both companies is decided.
Microsoft said it had to resort to filing for a preliminary injunction in the United States because Motorola was not willing to accept an offer of a $300 million in bond to postpone any enforcement of the possible German verdict until the U.S. case was settled.
In every hierarchy the cream rises until it sours. -- Dr. Laurence J. Peter