CA9 is not trying to overrule a German court...
This is a little messy. It is about a flotilla of patents for H.264.
In the USA, Motorola agreed to license H.264 IP on a royalty basis. Motorola had previously been taken to high-courts in the USA to establish reasonable royalty 'terms' with other vendors (Apple). This IP is valid in 15 countries (including Germany) + the Euro Patent Convention.
MSFT didn't accept Motorola's offer. Motorola thought it was reasonable. They went ahead on positioning XBOX and Windows software in Germany, without an agreement.
Motorola filed suit in the USA. The court ruled that Motorola DID NOT break its high-court agreement to offer reasonable royalty terms. MSFT disagreed and appealed this in the USA.
Motorola THEN went to a German court to gain an injunction against Microsoft, on the IP violation.
If they won, Motorola would have to post a bond that would go to MSFT, in case the German court is overturned. Uniquely, German courts allow MSFT two things:
1) to unilaterally request a judge for binding arbitration
2) to establish the size of the bond. MSFT set this at $300Mn
In the meantime, MSFT's appeal was key. MSFT claimed that the German suit couldn't be applied if the royalty was unreasonable. MSFT got that judgement in the USA, but MSFT had to file a $100Mn bond, in case the USA judgement got overturned. This all happened before the German judgement came through on May 2.
The German court ruled for Motorola on the IP violation, but said nothing about the royalties. MSFT hasn't requested German arbitration, either. Motorola appealed the USA finding on royalties.
The USA court feels that it has control over the royalties issue. MSFT has paid its bond in the USA. Motorola is not enforcing its German finding, but isn't paying its bond, yet. MSFT is selling XBOX and software in Germany in open defiance of its lost patent-suit. Motorola isn't enforcing its injunction, until the issue of a fair royalty is resolved in the USA.
Once Motorola puts a number before the USA courts that is considered reasonable, they will get the $100 Million in the USA. They will also back-collect on items sold in Germany. MSFT just didn't want to turn that number-setting over to a German court.