Judge invalidates 13 Motorola patent claims against Microsoft

By on February 8, 2013, 8:30 AM

Microsoft scored a victory against Google-owned Motorola Mobility this week after a judge scrapped 13 of the latter party's patent claims in a years-long dispute over H.264-related royalties. Waged in US and German courts, the battle involves three patents (7,310,374, 7,310,375, and 7,310,376) that Motorola licenses to Microsoft for several products, including the Xbox 360, Windows and Windows Phone.

Naturally, the argument is about how much Microsoft should pay. At one point, Motorola sought as much as $4 billion a year, while Microsoft deemed that figure to be in violation of fair, reasonable and non-discriminatory (FRAND) standards, suggesting that $1 million per year would be more sensible sum.

In this Wednesday's 28-page ruling (which we've embedded below), US District Judge James Robart granted Microsoft's request for a partial summary judgment and decided that many of Motorola's claims are invalid because the language in the company's patents isn't sufficiently articulate.

On the flip side, Robart said that Microsoft has provided substantial evidence from technical journals and dictionaries to prove, for instance, that some of Motorola's technologies amount to general purpose devices that are indistinguishable from the general purpose computer.

Based on the current state of things, Florian Mueller of FOSS Patents believes that a rate could finally be decided soon, and it's likely to be in the vicinity of a couple hundred thousand dollars a year -- an outcome that would likely weaken Google's stance when negotiating rates with other companies and could cheapen the $12.5 billion it spent on Motorola Mobility's extensive array of intellectual property.




User Comments: 13

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wastedkill said:

Microsoft always trying to take the cheap route $1mill per year please more like $400 mill per year stop trying to rip others off but not taking the responsibility yourself!!!!

m4a4 m4a4 said:

Good. This is what they deserve for trolling with those patents.

wastedkill said:

Microsoft do patent trolling not google!

BlueDrake said:

Microsoft do patent trolling not google!

It's Google owned but they started this, before Google even bought them. Patent trolling because of what they had, and wanted a bigger piece from others. Also.. $4 billion is a lot different to $400 million. How is that fair to demand such an amount, in an agreement that they all signed onto?

It's fair and reasonable noting should be obvious. Strong arming everyone to pay a large sum, under such an agreement would mean you go against it. Despite agreeing to it in the first place, where is their actual stance on fair and reasonable then?

They never said "Google" was trolling, it's 'now' Google owned so don't get mixed up. This has been going on for years, so please read the facts before you jump on the defense of them.

Ranger1st Ranger1st said:

Interesting that the verbiage was good enough to get a patents approved.. but somehow the US judge decided it was ' not good enough' no word out of the European courts. The US court system is a sham. I don't blame foreign corps for going to Europe or Asia to fight the battles..

misor misor said:

Microsoft do patent trolling not google!

Microsoft always trying to take the cheap route $1mill per year please more like $400 mill per year stop trying to rip others off but not taking the responsibility yourself!!!!

angry much?

I wonder how frand is implemented by the u.s. regulatory commission.

(microsoft, google/motorola, apple, samsung, lg, sony, etc)

Guest said:

Please don't quote florian mueller. The man is not qualified for any form of analysis.

wastedkill said:

Microsoft always trying to take the cheap route $1mill per year please more like $400 mill per year stop trying to rip others off but not taking the responsibility yourself!!!!

angry much?

I wonder how frand is implemented by the u.s. regulatory commission.

(microsoft, google/motorola, apple, samsung, lg, sony, etc)

Never angry just hate it when people dont take into fact that the company they claiming are good have a dark past of doing the same thing but on a bigger scale like microsoft.

Tygerstrike said:

Its Microsoft. Ppl are mad because MS has insinuated themselves into ppls lives and crushed as much competition as they could to keep their customer prisoners. Before the advent of Windows, ppl had to work with MSdos. Once windows came in, everyone could have and use a computer w/o all the technical knowledge or programing skills that were nessasary previous to Windows release. MS uses low down and dirty tactics to keep their market share. I dont think its "Hate" really. More of lack of options frustrates ppl. And MS doesnt give you many options for a "easy" OS.

kirk evers said:

As far as trolling goes, companies such as Google or Microsoft are not trolling. They are trying to protect their investments in r&d and market share.They both have engineers that come up with similar ways of tech. Corporate espionage is going to happen, on all sides, period. Please remember, nobody has forced you to use MS products, there are plenty of alternatives. If you don't want to use Microsoft products, then use your wallet and buy something else.

TJGeezer said:

If you don't want to use Microsoft products, then use your wallet and buy something else.

...or use your common sense and go download Linux.

misor misor said:

use your wallet and buy...

apple products

jonjonjon said:

use your wallet and buy...

apple products

I hope you got a fat wallet. I'll pass on paying the apple markup. Not to mention apple is the biggest patent troll out there.

What a joke they apend more on patents then R&D but somehow people think apple is this innovative company.

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