Microsoft feels that it has the upper hand in its patent battle with Google-owned Motorola Mobility and wants to put an end to the fight, but only as long as a broad agreement is signed, the company said ina blog post on Tuesday.
A victory at the U.S. International Trade Commission (ITC) regarding Motorola's use of Microsoft's ActiveSync protocol, and two injunctions against Motorola devices in Germany for the infringement of other patents, mean that Google can "no longer doubt the relevance of Microsoft's patent portfolio to Motorola's products," according to the blog post, which was dubbed "A solid foundation for patent peace."
Just as companies like Samsung Electronics and HTC previously have, Motorola should sign a license agreement with Microsoft with for its Android-based devices, the Redmond software maker said.
But if Motorola wants to bring an end to the litigation, it needs to sign a comprehensive deal. Motorola's proposal to license only a limited number of patents is not acceptable, and has only been designed to sidestep Microsoft's ITC victory by cherry-picking the ActiveSync proprietary technology, while continuing other lawsuits in the U.S. and Germany, the blog post said.
An agreement between the two parties would also include what Microsoft calls reasonable compensation for Motorola's patented intellectual property.
That Motorola and Google would cave to Microsoft's demands at this point doesn't seem very likely. Last month, the company said it has taken proactive measures to ensure that its smartphones remained on sale in the U.S., despite ITC's ban on the sale of some models as a result of the ActiveSync infringement.
On Wednesday, the company didn't immediately answer questions regarding the fallout from the sales ban and Microsoft's hopes that it sign a license agreement.
The litigation between the two companies is at a crossroads, according to Microsoft's blog post. Motorola, backed by Google, can either choose to engage in serious discussions to search for patent peace or persevere in its diversionary tactics, it said.
Asked to comment on Microsoft's blog post, a Motorola spokeswoman replied by email: "Microsoft wants to undercut Motorola's industry-leading patent portfolio, licensed by more than 50 other companies on fair and reasonable terms, while seeking inflated royalties tied to standards that Microsoft alone controls. Motorola is always open to negotiations that avoid wasteful and abusive patent claims."
