Tech companies have spent billions of dollars to buy patent portfolios that they can use defensively or offensively, and still more money litigating in the United States and Europe.
Google's Android software, which the company lets handset makers like Motorola Mobility use for free, has become the world's No. 1 smartphone operating system, ahead of Apple Inc's popular iPhone with its iOS software, according to comScore data released in January.
Microsoft was third, with less than 5 percent market share.
Microsoft said it would press on with the case. "We remain confident the commission will ultimately rule in Microsoft's favor," it said in an emailed statement.
Motorola Mobility said it was pleased with the decision. "Microsoft continues to infringe Motorola Mobility's patent portfolio, and we remain confident in our position," the company said in a statement. "We look forward to the full commission's ruling in August."
The ITC, a U.S. trade panel that investigates patent infringement involving imported goods, is a popular venue for patent lawsuits because it can bar the importation of infringing products and because its cases are ruled on quickly.
The case is at the International Trade Commission, No. 337-752.
(Reporting By Diane Bartz; Editing by Gary Hill, Bernard Orr and Tim Dobbyn)
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