AAPL Stock: 117.81 ( -0.22 )

Printed from

Microsoft sues US Customs for not enforcing Motorola Mobile embargo

updated 06:05 pm EDT, Fri July 12, 2013

Little actual market value at stake; all 18 devices more than two years old

Microsoft filed a lawsuit today accusing the US Customs and Border Patrol (CBP) of not enforcing a US International Trade Commission (ITC) embargo order of Google's Motorola Mobility phones. Microsoft believes that US Customs held secret meetings with the search engine, and that after the meeting the agency continued to let the embargoed phone enter the country.

Microsoft brought a dispute to the ITC in 2010 claiming that Motorola's Android devices -- now covering mostly discontinued phones from the era like the Backflip and Droid X -- were violating its patents for contacts, memory, sync, and others. All but one of the patents were tossed from the challenge in the intervening two years, but MS did win an injunction on the remaining patent.

The ITC fight, when it began, was part of the early stages of a campaign Microsoft waged, attacking Android as using stolen technology and inflating the cost of using Android through royalties and threatened lawsuits. Microsoft's ITC disputes and lawsuits have focused only on companies that either can't or won't use Windows Phone, as it has usually softened its tone and offered royalty discounts to firms like HTC that offer at least some support. Motorola was committed exclusively to Android even before the Google takeover offer, and now won't have the option to switch.

"Customs has a clear responsibility to carry out ITC decisions, which are reached after a full trial and rigorous legal review," Microsoft Deputy General Counsel David Howard said in a statement. "Here Customs repeatedly ignored its obligation and did so based on secret discussions."

"The only conclusion that can reasonably be drawn from CBP's pattern of conduct is that CBP will not enforce the commission's exclusion order absent a court order compelling it to do so," claims Microsoft. "CBP has repeatedly allowed Motorola to evade that order based on secret presentations that CBP has refused to share with Microsoft."

by MacNN Staff



Login Here

Not a member of the MacNN forums? Register now for free.


Network Headlines

Follow us on Facebook


Most Popular


Recent Reviews

Ultimate Ears Megaboom Bluetooth Speaker

Ultimate Ears (now owned by Logitech) has found great success in the marketplace with its "Boom" series of Bluetooth speakers, a mod ...

Kinivo URBN Premium Bluetooth Headphones

We love music, and we're willing to bet that you do, too. If you're like us, you probably spend a good portion of your time wearing ...

Jamstik+ MIDI Controller

For a long time the MIDI world has been dominated by keyboard-inspired controllers. Times are changing however, and we are slowly star ...


Most Commented