The Microsoft-Motorola patent licence trial is set to begin in a US federal court at 9.00 PST (17.00 GMT) on Wednesday; with Microsoft to argue how much it should pay to use the standard-essential patents (SEP) of Google's Motorola Mobility subsidiary.
The lawsuit essentially involves a crucial legal scuffle between Microsoft and Motorola with regard to the reasonable licensing fees which companies should charge from their rivals for using the technology which is based on patents that are considered to be `essential' to the industry.
It was in 2010 that Microsoft took the legal route against Motorola over the use of SEP in court cases; thereby underscoring the pertinent question as to whether any company should be permitted to get the law involved in SEP.
With SEP-holders widely asserting that they should be allowed to use the law if rivals refuse to consent to a licensing agreement for using their IP; the Microsoft-Motorola case chiefly stems from the fact that Motorola has been seeking a 2.25 percent licensing fee per device from Microsoft for its patents which are part of the H. 264 video and 802.11 wireless standards.
Noting that Microsoft is willing to pay licensing fee, but also adding that the charges being sought by Motorola are `too high,' Microsoft's Corporate VP and deputy general counsel David Howard said about the forthcoming trial: "We are grateful for the chance to present our case to the court on an important issue for consumers and industry."
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