Ninth Circuit Upholds First District Court Determination of FRAND Licensing Rate and Affirms $14.5 Million Damage Award

The Ninth Circuit has affirmed Microsoft’s $14.5 million jury verdict against Motorola, upholding the first federal bench trial decision setting a fair, abortion reasonable, and non-discriminatory (FRAND) licensing rate. Armed with the court’s FRAND guidance, the jury found Motorola violated its commitment to license its H.264 (video encoding) and 802.11 (WiFi) standard-essential patents (SEPs) under FRAND terms. We previously discussed SEPs and FRAND here. Motorola offered to license its H.264 and 802.11 SEP portfolios to Microsoft at 2.25% of the end-product price. Microsoft found that rate unreasonable and promptly sued Motorola, claiming status as a third-party beneficiary to Motorola’s FRAND   Read More »

Posted in Antitrust Litigation, FRAND, IP and Technology Litigation, Patent Litigation | Tagged , , , , , ,

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