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Ding Ding, Seconds Out For Round Two Of The Microsoft v. Motorola Mobility Patent Fight

Publication Date: 
August 26, 2013
Source: 
Forbes
Author: 
Tim Worstall

Professor Mark Lemley spoke with Forbes' Tim Worstall about the upcoming patent battle between Microsoft and Motorola and how, if Motorola is found to have breached its obligation to offer a RAND license, finding a remedy will be a new issue for the court. 

This is the other long running patent fight over smartphones, the one that isn’t Apple and Samsung suing each other over multiple nations and at least three continents. This is the one between Microsoft and Motorola and the really interesting thing we’re going to get when this is finally finished is an answer to the question, well, what is the penalty for not offering a standards essential patent on FRAND terms?

The basics of the fight are thus:

Microsoft Corp takes on Google ‘s Motorola Mobility unit this week in the second of two landmark trials between the companies that delve into hot disputes over the patents behind smartphone and Internet technology.

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“I think the interesting question is, assuming the court finds that Motorola breached its obligation to offer a RAND license, what is the remedy?” said Mark Lemley, a Stanford Law School professor who has been following the litigation. “No court has addressed that issue before.”