(CN) – A German judge ordered Microsoft to remove the Xbox 360 and Windows 7 from the German market as a patent battle between the software giant and Motorola Mobility rages on.
The battle has been brewing since Microsoft sued Motorola in Washington state, claiming that Motorola demanded “royalties that are excessive and discriminatory” to license essential wireless technology and video-coding patents.
But a case pending in Germany questioned whether Microsoft illegally uses video-compression software in its Xbox 360 and Windows 7 software, in violation of an agreement with Motorola.
Concerned that Motorola would enjoin sales of the potentially infringing products in Germany, Microsoft asked the Washington court for a temporary restraining order in April. It said an injunction should not occur before the Washington court can rule on issues from the initial complaint, which is now in its third incarnation .
U.S. District Judge James Robart granted the restraining order last month and ordered Microsoft to pay a $100 million bond.
On Wednesday, German judge Holger Kircher ruled that Microsoft breached an agreement with Motorola, and ordered Microsoft to remove its Xbox 360s and Windows 7 software from the German market.
Noting the U.S. judge’s restraining order, Microsoft said the German ruling did not mean its products would be removed from stores in Germany.
“Motorola is prohibited from acting on today’s decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola’s broken promise,” a Microsoft spokesperson said.