Printed from http://www.electronista.com

ITC Judge condemns Motorola's conduct in patent case

updated 07:15 pm EDT, Mon May 14, 2012

Judge says patent conduct of Motorola not in good faith

Motorola's patent demands and conduct were condemned by a judge overseeing a preliminary ITC ruling against Microsoft. Administrative Law Judge David Shaw wrote an initial determination, entering public records in a redacted state last week, stating that assurances on reasonable licensing of standards-essential patents "were misleading."

The dispute revolves around the H.264 video codec, used by Microsoft in Windows 7, Internet Explorer 9 and the Xbox 360. Microsoft already pays a capped $6.5 million annually to the MPEG LA pool (a combined 2,339 patents on the codec, contributed to by 29 companies) which would reach $60 million if uncapped. The royalty rate set by Motorola of 2.25 percent was deemed unacceptable as it applied not only to the software but also to any products covered by it, therefore it could be seen as 2.25 percent of the total cost of a new computer and costing Microsoft $4 billion for 50 patents as a conservative estimate.

Judge Shaw noted that there was "no evidence that any company would agree to the offer that Motorola sent to Microsoft." One comment mentioned that the statements made to standards-setting organizations by Motorola were misleading, shown by statements and conduct towards Microsoft and a redacted listing, most likely Apple. Motorola's response to the terms was that it was a starting point in negotiations which the judge believed would last months or years, yet based on the records provided it wasn't a likely scenario, showing Motorola "was not interested in good faith negotiations and in extending a [F]RAND license."

The European Commission formally started two antitrust investigations against Motorola earlier in April, one of which relates to the identical trial in Germany which saw Motorola persuading the court to stop Windows 7 and Xbox 360 sales in the country. [via FOSS Patents]



By Electronista Staff
Post tools:

TAGS :

toggle

Comments

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Adesso Compagno X Bluetooth keyboard

The shift from typing on physical keyboards to digital versions on smartphones and tablets hasn't been an easy for many consumers. Fro ...

Polk Audio 4 Shot headset

Sound quality and design are two of the biggest areas of focus for manufacturers when coming up with a new gaming headset. Depending o ...

Patriot Supersonic Phoenix USB 3.0 drive

USB thumb drives aren't the end all solutions for data transfer and traveling needs. Sometimes people want something with a little mor ...

Sponsor

toggle

Most Commented

 
toggle

Popular News