Aug 27, 2013 by Jasper Bakker
Aug 27, 2013 by Jasper Bakker
News – Microsoft and Motorola are back for the U.S. court over patents and license money before. Wild Microsoft Windows Mobile apostate destroy or early Motorola aware too high patent fee?
long-running patent dispute between the Windows-maker and the U.S. smartphone manufacturer has now come before the court in Seattle. Microsoft and Motorola (now owned by Android maker Google) argue about for years on patent fees. It is Motorola smartphones and Microsoft’s Xbox 360 game console, plus Windows itself hit by the patent fire.
Angry intent, or response to revenge?
The lawyers of both companies have yesterday in their opening statements focused on the intentions behind the stalled negotiations royalty. The local newspaper Seattle Times following the case closely. Motorola has deliberately too much money requested patent, so Microsoft would refuse? Or does the former Windows Mobile partner responded to a reprisal from Microsoft for switching to Android?
Motorola was late 2010 when Microsoft a fee requirement for use of patented Wi-Fi and video technology. That use as the Xbox 360 and Windows, the patent owner 2.25 percent of the sale price demanded. According to Microsoft, which amounted to a total of $ 4 billion per year. The company countered that patent fees do not apply to sales, but for component prices.
essential for standards
Furthermore it comes to patents on technology that is essential for standards such as Wi-Fi and so H.264. Licensing services for these so-called FRAND patents (Fair, Reasonable and Non-Discriminatory) should be provided to everyone who is interested. Reasonable fee The role of this Motorola in patent war with Microsoft is already come under fire.
Microsoft has therefore argued in court Monday that Motorola has intentionally placed. compensation requirement high So Microsoft would refuse, and Motorola could then demand for Microsoft products. Courts through sales and import bans The requirement of October 2010 was also the latest step in a long process of requirements for additional patent valid, Microsoft now in court.
Patent Cash requirements for Android use
Motorola defends himself by pointing to the context of the letter patent in 2010 more money early end. The two companies already had a relationship that had soured considerably. Motorola was switched from the old Windows Mobile to the emerging competitor Android, while Microsoft had just launched.
its new Windows PhoneThe successor to the overtaken Windows Mobile was unveiled in early 2010 but would not arrive until the end of that year. After a difficult start Windows Phone now still small. Microsoft had sued Motorola in October 2010 twice, bears the smartphone maker now in the last trial began. That was according to the company to patent cash requirements for the use of the open source Android, and make.
Motorola brokenMiljardeneis been scuttled by court
This is the second round of this patent case. In the first round, the court already ruled in April this year that the royalty requirement of Motorola was far too high. He lowers the $ 4 billion to $ 1.8 million. Motorola now says that was 2.25 percent based on the personal experience of licensing deals with hardware companies. Lawyers of the firm further argue that the percentage was only an ‘opening bid’, and then further negotiation.
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