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Motorola Tells Seattle Judge Microsoft Sucker Punched Them Over RAND Patents, and It's "Reverse Hold-up" ~pj

By Pamela Jones et al.

Microsoft, that devilish litigation machine, now wants to win by summary judgment in the Seattle RAND patent case against Motorola on the next question to be tried, whether Motorola violated a duty of good faith as to its RAND licensing commitments. Motorola, naturally, opposes [PDF]. It wants its day in court with a jury, not just this judge, who keeps beating Motorola up. At least in Seattle courtrooms, it seems Microsoft can do no wrong.

What Motorola tells the court is something I hope everyone will read in full, because it says that the reason Motorola sent Microsoft an offer to license its RAND patents is because Microsoft *asked it* to do so, pretending all was normal between them. Then when they sent their offer and the usual opening price, instead of discussing it, Microsoft immediately sued, claiming the price was too high.

In short, Microsoft sucker punched them. Motorola calls it reverse hold up, which is what Apple was just found guilty of against Samsung at the ITC for essentially the same type of moves:

Microsoft's conduct suggests that it was engaged in "reverse hold-up." As explained recently by the International Trade Commission in Samsung v. Apple, "In reverse patent hold-up, an implementer utilizes declared-essential technology without compensation to the patent owner under the guise that the patent owner's offers to license were not fair or reasonable. The patent owner is therefore forced to defend its rights through expensive litigation."

The details are eye-opening. All of this, Motorola says, came about because it chose to use Google's Android instead of Microsoft's Windows for mobiles. There will be a hearing on this July 31, so if any of you are in the Seattle area and can attend, that would be awesome.

Full post as published by Groklaw on July 16, 2013 (boomark / email).