Microsoft Corporation and others -v- Motorola Mobility LLC and another, Patents Court, High Court of Justice, London, The Hon Mr Justice Arnold, 21 December 2012,  EWHC 3677 (Pat)
This case concerned the validity of Motorola’s European Patent (UK) No. 0 847 654, relating to the synchronisation of message information across multiple mobile devices, and its alleged infringement by Microsoft in relation to two classes of Microsoft software products, namely Exchange Active Sync (“EAS”) and Live Messenger. (An alleged infringement in relation to a third class of products, Lync, was abandoned in Motorola’s closing submissions at trial.)
In a decision handed down on 21 December 2012, the High Court held that Motorola’s EP ’654 is invalid: three of the seven claims of EP ‘654 were held to lack novelty over three items of prior art, and all claims were found to be obvious in light of the common general knowledge and/or over the pleaded prior art. The Court also held that, if the claims had been held to be valid, Microsoft would have infringed EP ’654 by its supply of its EAS and Live Messenger products save that, as a result of the acquisition of Motorola Mobility Inc. by Google, Inc. in May 2012, Microsoft could claim the benefit of a pre-existing cross-licence between Microsoft and Google (“the Google Licence”) in relation to EAS.