CNET reports that Microsoft was awarded $14.5 million from Google Motorola for the abuse of the fair, reasonable, and non-discriminatory (FRAND) patents by Google.
A federal jury in Seattle ordered the Google-owned handset maker to pay the software giant $14.5 million in damages for breach of contract for failing to license at reasonable terms standard essential patents covering wireless and video technology used in the Xbox game console. However, the award is half the $29 million in damages Microsoft had sought.
If Google didn’t get any value from FRAND patents from Motorola, what did they get? Expand Expanding Close
According to a report from Reuters, Google issued a statement that a Wisconsin federal court has decided to dismiss Apple’s “patent lawsuit with prejudice.” The report explained this particular case was brought on by Apple in part to determine what the courts considered fair and reasonable licensing terms for the patent portfolio Google acquired when purchasing Motorola.
Google said in a statement that it is still interested in making a deal with Apple “at a reasonable and non-discriminatory rate in line with industry standards”:
“We’re pleased that the court has dismissed Apple’s lawsuit with prejudice,” a Google spokeswoman said in an emailed statement on Monday…”Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards,” Google said in its statement. “We remain interested in reaching an agreement with Apple.”
Reuters explained the case being dismissed with prejudice means it is officially over at the trial court level. However, Apple can still appeal: Expand Expanding Close
Microsoft requested European Union antitrust regulators to probe Motorola Mobility on claims that the United States phone manufacturer is blocking sales of Windows and Xbox products.
“Earlier today, Microsoft filed a formal competition law complaint with the European Commission (EC) against Motorola Mobility and Google,” wrote Microsoft’s Vice President and Deputy General Counsel David Heiner in a blog post this morning. “We have taken this step because Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products.”
Microsoft’s post, “Google: Please Don’t Kill Video on the Web,” lambasted Motorola Mobility for not making industry standard patents available on reasonable and fair terms, and for using those patents to block competitors from shipping products.
The industry apparently agreed many years ago to define common technical standards for everyone to use and build compatible Wi-Fi and video products. However, Heiner contended, Motorola is backtracking on its word and attempting to use standard patents for “killing video on the Web.”
It’s litigation day as Apple and Samsung battle it out in courts the world over. In a two-day hearing which began this morning in Australia a judge asked for more time to study Apple’s claims, resulting in a brief Galaxy Tab 10.1 launch delay until the end of the month. Meanwhile, the first round of hearings is underway in The Hague over Samsung’s accusations that Apple’s iPad and iPhone infringe on Samsung’s wireless patents. The Korean company is seeking a ban on those products in The Netherlands.
Apple is represented by Rutger Kleemans (Freshfields) while Samsung’s legal counsels are headed by Bas Berghuis (Simmons & Simmons). Per information sourced from Webwerld editor Andreas Udo de Haes on Twitter and this Nu.nlreport, Apple says Samsung is seeking a 2.4 percent charge of chip price for every patent. Apple has called those demands “simply excessive”. Sounds to us like Apple might have awoken the beast. Apple says because the two parties are still negotiating a licensing agreement of sorts, granting an injunction would be premature.
The Mac maker’s legal sharks stress Apple is buying its components from Intel and Infineon, hence no need for royalties to Samsung. Interestingly, Apple’s lawyers also explicitly stated that iOS devices sold in Europe do not use Qualcomm silicon found in CDMA versions of iPad and iPhone. Apple also said Samsung changed the license to Qualcomm to exclude Apple. In a nutshell, Apple’s argument is that Samsung’s technology and patents are already incorporated in Intel’s chipsets.
Samsung obviously disagrees and argues Apple has more than ten component suppliers and is obscuring them purposefully in order to make determining which components infringe on Samsung’s patents that much harder. Apple launched the iPhone in Holland back in 2008 without securing the necessary licenses, the lawyers for Samsung said. Apple denied Samsung’s claims and said Samsung, its parts supplier, wouldn’t demand a license until 2010 because Apple was an important customer. According to this Guardianarticle, the Apple account is worth fourth percent of Samsung’s total business…
