Microsoft Accuses Motorola Mobility, Google of Standard Patent ...

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Microsoft on Wednesday
accused Motorola Mobility and Google of standard patent abuse in its
latest antitrust complaint with the European Union.

In the formal competition law complaint filed on Wednesday,
Microsoft accused Motorola Mobility of not offering essential
patents on fair and reasonable terms, saying the mobile manufacturer
attempted to block sales of some Microsoft products using its
patents related to web videos.

The complaint came a week after the U.S. Justice Department and
the European Commission approved Google?s 12.5-billion-U.S.dollar
acquisition of Motorola Mobility.

?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,? said Microsoft Vice President and Deputy General
Counsel Dave Heiner in a blog post titled ?Google: please don?t kill
video on the web.?

Heiner said Motorola is demanding Microsoft to pay a royalty of
22.5 dollars for its 50 patents on the video standard for every 1,
000-dollar laptop, while a total of 29 companies only charge
Microsoft ?two cents for use of more than 2,300 patents.?

Motorola?s alleged patent abuse is called FRAND licensing
obligations, a legal acronym for ?fair, reasonable and
nondiscriminatory.? It is a principle of keeping fair licensing of
intellectual property, so as to avoid abusive patent-related
behavior and make everyone in the industry have fair access to
certain technologies.

It is not the first time that Motorola is hit with alleged FRAND
abuse. Earlier this month, Apple accused the company of violating
FRAND standards in an appealing to a German court after the court
granted Motorola?s request to remove older iPhones from the online
Apple store in Germany and permanently ban Apple?s push email
service.

Florian Mueller, a legal consultant who has been closely
following patent litigation in the tech industry, said in his blog
Foss Patents that aggressive use of standard essential patents in
lawsuits is a problematic strategy and may backfire.

For instance, on Jan. 31, the European Commission announced to
launch a formal investigation into whether Samsung has used some of
its standard essential patent rights to distort competition in the
European mobile device markets.

Source: http://www.clearingandsettlement.com/2012/02/microsoft-accuses-motorola-mobility-google-of-standard-patent-abuse-2/

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