CAFC Backs ITC on Motorola Smartphones Infringing Microsoft Patents
The Court of Appeals for the Federal Circuit on Dec. 16 upheld the International Trade Commission’s determination that some Motorola smartphones are infringing patents held by Microsoft, in violation of Section 337 of the Tariff Act. The ITC findings had…
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resulted in imposition of a limited exclusion order in June 2012 banning imports of certain Motorola smartphones (see 12061304). CBP ruled in April that a design-around by Motorola allowed entry of products formerly subject to the exclusion order, which provoked an ongoing lawsuit from Microsoft at the District of Columbia U.S. District Court (see 13072301).