Google and Microsoft will meet each other in an appeals court Wednesday, April 8th 2015 over a disagreement about reasonable royalty amounts, where both companies will argue their case before a three-judge panel of the 9th District Circuit Court of Appeals. While both parties are expected to plead their case tomorrow a verdict/decision isn’t expected to be established until several months later, and even when a ruling is made if either Google or Microsoft doesn’t care for the result, either company has the ability to appeal to the Supreme Court or request that the case be heard by the full Circuit Court.
The case between Google and Microsoft initially stems from a case between Motorola and Microsoft years ago in 2010, where Motorola claimed that Microsoft was infringing on some of its patents relating to the H.264 video and 802.11 wireless standards within its Xbox video game console. In that case Motorola was attempting to have sales of the Xbox consoles blocked while also seeking royalties of $4 billion a year. Three long years later the case finally went to trial in 2013, and resulted in the trial judge ruling that $1.8 million a year, not $4 billion, was a reasonable royalty for the infringements. This ruling is what’s led to this case happening tomorrow as Motorola is now appealing the decision made in the 2013 case.
Google’s involvement comes about as they kept all of Motorola’s patents after they sold of the brand to Lenovo, and with Google still having interest in the outcome they’re arguing that the things didn’t get handled the way that they should have. Motorola agrees and is arguing that the case is about patents and as such, should have been handled by the Federal Circuit Court instead, while Microsoft is seeking to keep the ruling decision upheld, stating that Motorola was in a breach of contract where it failed to license its standards-essential patents relating to the H.26 video and 802.11 wireless standards, which is the initial ruling from a couple of years ago. Both Google and Microsoft have arguments and filings from companies in support of either side, including T-Mobile and Apple siding with Microsoft while Qualcomm and Nokia are in support of Google and Motorola.
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Source : AndroidHeadlines.com |
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