The Regional Court in Mannheim was also set to rule Friday on Motorola Mobility's allegation that Microsoft infringed its patent entitled "," also known as the push notification patent.

However, the lawsuit was reopened Friday because Microsoft presented new facts, Bock said. "The court proposed to continue in a written procedure," he said, adding that Motorola and Microsoft must agree to that. Microsoft welcomed the court's decision to look more closely at the case.

Motorola had more success when it asserted the same patent against Apple's iCloud and MobileMe push services earlier this year. A German court that Apple had infringed on Motorola's push patent, forcing Apple to turn off push email for MobileMe and iCloud users in Germany.