Motorola's bid to have the Xbox 360 banned in the US and Germany has failed.
In a ruling made by US Judge James Robart in Seattle, he denied Motorola's claim that Microsoft should pay up to $4 billion a year for its connectivity and video-encoding patents. Microsoft, in return, stated the uses are worth a fee of $1 million a year.
Judge Robart stated the patents are RAND innovations, short for "reasonable, and non-discriminatory terms."
"The Motorola Asserted Patents, at issue in this litigation, are standard essential patents of the H.264 Standard and are included in Motorola's H.264 standard essential patent portfolio," stated Judge Robart in his order.
The decision doesn't mean Motorola won't win any money as the judge indicated a bill could be given to Microsoft after the trial ends.
The decision in the US will also affect the case in Germany. The German courts did give Motorola a win to ban the Xbox back in May, along with Internet Explorer and Windows Media Player. Motorola, however, did not enforce the German ruling as it waited for Judge Robart's ruling.
The trial will continue but to determine how much the fair license rate will be for the patents involved in the case. A final ruling is expected early next year.
The news comes as another patent infringement trial continues with Apple and Samsung, which recently saw a victory for the Cupertino company in the Netherlands. In the US, Apple has filed to add the Galaxy S3, Galaxy Note 2, and Galaxy S3 Mini to the devices they want banned in the US, while Samsung added the iPhone 5, iPad 4, and iPad Mini to Apple devices the South Korean company wants banned in the US.
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