Microsoft and Google's Motorola Mobility unit will go head to head again this week for the second round of trial over the smartphone and Internet technology patent dispute involving the Xbox gaming console, Reuters reports.
The federal court in Seattle will rule out on Monday if there was indeed a breach of contract done by Motorola on its so-called standard essential patents used in the Xbox gaming console.
The proceedings which started in November 2012 seems to work well for the benefit of Microsoft. U.S. District Judge James Robart had ruled out that the tech giant owe Motorola only $1.8 million a year instead of its expected $4 billion a year.
The second round of trial on Monday will focus on the amount that Microsoft really needs to pay Motorola for past royalties after rejecting the $6.8 million offer. Apparently, Motorola wanted more than the said amount.
Microsoft believes that the fee was unreasonable because the patent being discussed is considered an industry standard.
Microsoft and Google refused to comment on the forthcoming trial.
"I think the interesting question is, assuming the court finds that Motorola breached its obligation to offer a RAND license, what is the remedy?" said Mark Lemley, a Stanford Law School professor who has been following the litigation, in an interview with Reuters. "No court has addressed that issue before."
Aside from the patent fee, Microsoft is also seeking to have Motorola pay for the legal fees.
This Microsoft-Motorola argument is just another of the series of patent fights revolving around smartphone and Internet technology. Other companies such as Apple, Samsung, Nokia, and others had their own episodes too.
If Microsoft wins this battle, other manufacturers using Android OS will need to pay a license fee. LG, HTC, and Samsung have already agreed to pay Microsoft for royalties with an undisclosed amount.
