The US International Trade Commission’s import ban on Motorola’s Android devices started today. Motorola Mobility claims to have a plan that will keep its phones and tablets available to US customers though, but hasn’t revealed the details.
18 Motorola Android phones & tablets banned from today
The ITC decided that 18 Motorola Mobility products infringed a Microsoft patent and ordered the import ban in May. This patent is related to Exchange Active Sync and the generation of group scheduling and meeting requests from a mobile. This ruling had to undergo a 60-day Presidential review period, which ends today, July 18.
Google-owned Motorola could pay Microsoft for a license to use the ActiveSync technology, like it did from 2003 to 2007, before giving up on this idea. It could also get rid of the guilty feature, or update the software to use it in a way that doesn’t tread on MS’ toes.
Motorola hasn’t revealed its plan, but insists that US customers can still buy these phones.
“In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft’s ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry leading smartphones remain available to consumers in the US,” Motorola said. “We respect the value of intellectual property and expect other companies to do the same.”
Motorola doesn’t mention any new imports after Wednesday, so it’s possible that it’s stocked up enough phones to meet the demand without buying in more. Motorola was, however, asked to post a 33-cent bond for each import it handled during the 60-day review period.
UPDATE: After asking Motorola for more details, ArsTechnica got a more specific answer on Wednesday. “We can’t share specific details, but we have employed a range of pro-active measures to ensure there is no continuing infringement under the ITC’s interpretation of this single Microsoft patent” it said. This statement is still vague, but implies a software update that either removes the calendar syncing function or uses it in another way.
The ITC proceedings have focused on these phones: the Motorola Atrix, Backflip, Bravo, Charm, Cliq, Cliq 2, Cliq XT, Defy, Devour, Droid 2, Droid 2 Global, Droid Pro, Droid X, Droid X2, Flipout, Flipside, Spice, and Xoom.
“The exclusion order is not limited to these devices at issue in the ITC, but will cover all infringing devices from now until to the expiration of the patent, April 10, 2018,” said a Microsoft representative.
Microsoft’s initial complaint to the ITC back in October 2010 specifically named several of the phones, but also claimed that Motorola’s alleged infractions extended to other devices.
The ITC ban doesn’t name specific Motorola phones or tablets, but says “Mobile devices, associated software and components thereof covered by claims 1, 2, 5, or 6 of United States Patent No. 6,370,566 that are manufactured abroad by or on behalf of, or imported by or on behalf of, Respondent [i.e. Motorola] or any of its affiliated companies, parents, subsidiaries, successors, assigns, or other related business entities, are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent.”
Motorola and Microsoft have a few lawsuits in progress against one another. Motorola has used standards-essential patents to sue Microsoft, and is trying to win an import ban against the Xbox 360.
Microsoft already gets royalties from more than 70% of Android phones sold in the US, and Motorola is the only seller holding out.
“Microsoft brought this case only after Motorola stopped licensing our intellectual property but continued to use our inventions in its products,” Microsoft’s deputy general counsel, David Howard, said to Ars. “It’s unfortunate we’ve been forced to pursue legal action, but the solution for Motorola remains licensing our intellectual property at market rates as most other Android manufacturers have already done.”
Ars asked Microsoft if it knew how Motorola will comply with the iTC order, and whether or not the two companies have forged some kind of agreement. It looks like they haven’t, and MS has no idea what Motorola is going to do to comply. “We do not have information on how they will comply,” said a Microsoft representative.
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