Microsoft, Motorola Set For Second Round Of Trial Over Patents
Professor Mark Lemley spoke with Bill Rigby and Dan Levine of Reuters about the patent battle between Microsoft and Motorola and pointed out an interesting issue the battle brings into question.
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.
The jury trial, starting Monday in federal court in Seattle, is set to resolve whether Motorola breached its contract with Microsoft to license on reasonable terms its so-called standard essential patents, covering wireless and video technology used in the Xbox game console.
"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."