This matter is before the court on Plaintiff Microsoft Corporation’s (“Microsoft”)motion for temporary restraining order and preliminary injunction (“Microsoft’sMotion”).
(Mot. (Dkt. # 209).) The court heard the oral argument of counsel on April11, 2012, and has also considered all pleadings on file, including: (1) Plaintiff MicrosoftCorporation’s (“Microsoft”) motion for a temporary restraining order and preliminaryinjunction (Mot. (Dkt. # 209)), along with all exhibits and attachments; (2) DefendantsMotorola, Inc., Motorola Mobility, Inc., and General Instrument Corporation’s(collectively, “Motorola”) response in opposition (Resp. (Dkt. # 248)), along with allexhibits and attachments; and (3) Microsoft’s reply (Reply (Dkt. # 257)). Being fullyadvised, the court GRANTS Microsoft’s motion for a preliminary injunction.
The IEEE and the ITU as Standard Setting Organizations
Microsoft and Motorola are both members of the Institute of Electrical andElectronics Engineers (“IEEE”) and the International Telecommunication Union (“ITU”).The IEEE and the ITU, neither of which are parties to the instant dispute, are
While the parties in this action have both filed affirmative claims, because (as explainedherein) Microsoft filed the complaint initiating the instant action, for purposes of this order, thecourt names Microsoft as the “plaintiff.”
On April 12, 2012, the court granted Microsoft’s motion for a temporary restrainingorder. (TRO Order (Dkt. # 261).) The court’s April 12, 2012 order was limited to enjoiningMotorola from enforcing any injunctive relief that it may receive from a Germany court withrespect to the patents at issue in Microsoft’s Motion. (
at 2.) The temporary restraining orderwas to remain in effect until May 7, 2012. (
at 3.) On May 7, 2012, the court extended thetemporary restraining order until the time it issued a ruling on Microsoft’s concurrent motion fora preliminary injunction. (5/7/12 Transcript (Dkt. # 315) at 106.)
Case 2:10-cv-01823-JLR Document 318 Filed 05/14/12 Page 2 of 25