SOFTWARE HOUSE Microsoft notched an initial legal victory against rival Google on Wednesday when a US judge ruled that Motorola had refused to license its patents at a reasonable rate.
Microsoft had argued that Motorola refused to license its FRAND patents at a fair and reasonable rate after the phone maker said that it wanted royalties of up to $4bn for Microsoft's use of the technologies, including the H.264 video standard and 802.11 wireless standards, in its Xbox Console and Windows operating system.
Motorola had argued that Microsoft did not enter into royalty negotiations with it as required by fair, reasonable and non-discriminatory (FRAND) patent licensing rules, and instead filed its lawsuit immediately after Motorola presented it with what was merely an initial licensing offer.
On Wednesday, a federal court judge in Microsoft's home town of Seattle swung in the Redmond firm's favour, ruling that Motorola had refused to fairly license its FRAND patents and awarding Microsoft around $14m in damages.
Following the ruling, Microsoft told The INQUIRER that it was a great win for the company, and was quick to slam Google for allegedly "continuing to abuse patents".
A Microsoft spokesperson said, "This is a landmark win for all who want products that are affordable and work well together. The jury's verdict is the latest in a growing list of decisions by regulators and courts telling Google to stop abusing patents."
Motorola unsurprisingly wasn't pleased, and said that it will appeal the court's ruling. A Motorola spokesperson said in a statement, "We're disappointed in this outcome, but look forward to an appeal of the new legal issues raised in the case."
Microsoft scored another victory against Motorola in April, when a judge ruled that Microsoft should pay Motorola $1.8m a year in royalties for use of its patents, rather than the billions Motorola had demanded. µ
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