New York: Microsoft Corp lost a round in a potentially costly patent battle when a U.S. International Trade Commission judge on Monday found that the software giant used InterDigital Inc`s technology in its mobile phones without permission.
The judge, Theodore Essex, said that Microsoft infringed two wireless cellular patents owned by InterDigital , a patent licensor, and said it would not be against the public interest to ban the Microsoft devices from being imported into the United States.
The judge`s decision must be reviewed by the full commission before any import ban is enacted.
The ITC has the authority to stop the import of products that it determines infringe a U.S. patent. Companies frequently sue at the ITC to win an import ban and in district court to win damages.
Wilmington, Delaware-based InterDigital first accused Nokia Corp of infringing its patents in 2007. Microsoft acquired Nokia`s handset division last year. The InterDigital patents relate to moderating a mobile phone`s power to reduce signal interference.
The ITC originally cleared Nokia of infringement, but in 2012 the U.S. Court of Appeals for the Federal Circuit, the nation`s top patent court, overturned that decision and sent it back to the ITC.
Microsoft called Monday`s decision one step in the process.
"We have a successful track record challenging patent assertion entities that misuse industry standards," the company said in a statement.
InterDigital was not immediately able to comment on the decision.
The case at the ITC is No. 337-613.