Judge Denies Motorola Request to Ban Microsoft Products

A Seattle court last week denied Motorola's request for an injunction against Microsoft products that the Google-owned company claim infringe on its patents.

"Because Motorola cannot show irreparable harm or that monetary damages would be inadequate, the court agrees with Microsoft that injunctive relief is improper in this matter," Judge James L. Robart wrote in his Thursday ruling.

The case dates back to 2010, when Microsoft and Motorola tried to hash out a patent licensing agreement over 802.11 wireless local area network (WLAN) and H.264 advanced video coding patents. The patents are considered to be standards essential, meaning that most high-tech devices currently utilize the technology. Companies that own the patents, therefore, need to license them under reasonable and non-discriminatory (RAND) terms, even to rivals.

Microsoft uses the technology covered by the patents in everything from its Xbox gaming console to the Windows platform. Back in Oct. 2010, Motorola offered to license the 802.11 and H.264 patents to Microsoft at a rate of 2.25 percent per product sold. Microsoft, however, argued that the rate was unreasonable and filed suit, and the two have been at loggerheads ever since.

Motorola has pledged to license its patents on RAND terms, so the court is now working to determine a proper royalty rate to which Microsoft and Motorola must adhere. The issue was considered during a trial that ran from Nov. 13-21. At this point, "the court has taken the matter under submission and will issue a written order adjudicating a RAND rate and range for Motorola's relevant patents," Judge Robart wrote last week.

In the interim, Motorola had asked that infringing Microsoft products be taken off the market until the issue is resolved. Judge Robart, however, found no reason why that should happen, and denied Motorola's request.

Microsoft and Motorola declined to comment.