The software giant says Motorola is attempting to use essential patents “to kill video on the Web.” It also didn’t miss the opportunity to take a swipe at Google.
Microsoft is the latest tech giant to take aim at Motorola Mobility–and thus, by virtue of its $12.5 billion acquisition, Google–in a FRAND (fair, reasonable, and nondiscriminatory) patent abuse claim.
The device large today filed a proper pageant regulation grievance with the ecu fee in opposition to Motorola, arguing that the company isn’t offering very important patents on truthful and affordable terms. The complaint comes to patents Motorola holds related to internet video and the way in which by which sure units, like home windows computers and the Xbox, get admission to and play it.
“In legal proceedings on both sides of the Atlantic, Motorola is demanding that Microsoft take its products off the market, or else remove their standards-based ability to play video and connect wirelessly,” Microsoft vice president and deputy general counsel Dave Heiner wrote in a blog post today. “The only basis for these actions is that these products implement industry standards, on which Motorola claims patents. Yet when the industry adopted these standards, we all were counting on Motorola and every contributor to live up to their promises.”
Heiner says Motorola is forcing Microsoft to pay $22.50 in royalties for each and every $1,000 computer. the ones laptops rely on 50 patents the cell company holds for the video standard H.264. so as to use that ordinary, Microsoft says, it needs to license patents, in accordance with FRAND phrases, from 29 different companies, as neatly. those corporations fee the software large “2 cents for use of more than 2,three hundred patents.”
This isn’t the first time Motorola has been hit with allegations of FRAND abuse. Earlier this month, after losing a German court battle in which a judge ruled Apple’s iPhone and iPad violated 3G patents Motorola holds, the Cupertino, Calif.-based company slapped its counterpart with charges that it violates FRAND standards.
“Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago,” an Apple spokeswoman told CNET at the time.
In response, Motorola said that it tried for years to work out fair licensing terms with Apple, but the iPhone maker refused.
“Apple’s refusal to barter in excellent faith, in addition to their aggressive litigation marketing campaign in opposition to Android, left Motorola Mobility without a choice other than to are looking for to enforce the corporate’s rights and patent portfolio,” Motorola stated, including that it will somewhat license patents than have interaction in litigation.
As one might expect, given the companies’ contentious relationship over the years, Microsoft’s Heiner was more than willing to target Google in today’s blog post. The search giant announced plans to acquire Motorola Mobility for $12.5 billion last year. Regulators recently approved the acquisition, paving the way for Google to take control of the mobile firm.
Heiner argues that Google’s involvement with Motorola is usually a bad thing for the business. He pointed to a latest commitment made by Microsoft and Apple, amongst others, saying they would not are trying to find injunctions on products that might be violating same old, very important patents. Google, Heiner says, declined the opportunity to do the similar.
“Google’s unwillingness so far to make this commitment is very concerning,” Heiner wrote. “That’s why you can pretty well count on a chorus from across the industry: ‘Google: Please don’t kill video on the Web.'”
But Microsoft isn’t necessarily a victim in the world of patents. The software giant over the last several years has secured well over 1,000 deals with companies over claims that they are using patents the software giant owns. Microsoft has been especially successful licensing patents to Android vendors. Heiner acknowledged today that “more than 70 percent of Android devices are now licensed to use Microsoft’s patent portfolio.”
Motorola is among the few Android companies that experience not played nice with Microsoft. slightly than license patents from the software company, the mobile firm closing year decided to combat it out in court docket. In December, a united states of america global trade commission pass judgement on found that Motorola is allegedly infringing just one in every of seven patents Microsoft holds.
“Microsoft is not seeking to block Android manufacturers from shipping products on the basis of standard essential patents,” Heiner said today about his company’s past litigation. “Rather, Microsoft is focused on infringement of patents that it has not contributed to any industry standard. And Microsoft is making its patents–standard essential and otherwise–available to all Android manufacturers on fair and reasonable terms.”
So far, the European Commission has not responded to Microsoft’s complaint. But if you ask Heiner, the stakes are high, and something needs to be done sooner rather than later to stop Motorola and Google.
“Motorola has damaged its promise,” he wrote. “Motorola is on a path to make use of standard crucial patents to kill video on the internet, and Google as its new owner doesn’t seem to be prepared to change course.”