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#motosoft - Microsoft gave up its right to a reasonable royalty by filing the lawsuit | 152 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
#motosoft - Microsoft gave up its right to a reasonable royalty by filing the lawsuit
Authored by: Anonymous on Wednesday, November 14 2012 @ 06:31 AM EST
IANAL but I think that MS had an obligation to negotiate - and didn't.
They didn't even try to negotiate.
If they had tried and been unable to get a reasonable response from Moto
then they might have had a case to present to a court. But not having tried
they could (and I think should) be held accountable for using the courts
instead of negotiating.
Is it a sign they know they have nothing (in they way of worthwhile patents)
and don't want to front with cash.

Chris B

[ Reply to This | Parent | # ]

#motosoft - Microsoft gave up its right to a reasonable royalty by filing the lawsuit
Authored by: Anonymous on Wednesday, November 14 2012 @ 07:05 AM EST
Not sure what their justification is for that statement - seems very unlikely to stick.
I'd contend that Microsoft have given up the right to negotiate from the initial offer for all past infringements and should also be paying triple damages for willful infringement. I'd only let them negotiate for future royalties.

If you know there's rules before playing in a league (let's say for American Football) you make sure you read them and adhere to them.

1) Microsoft knew that there were rules (ie SEPs) before playing a game (ie entering the markets and selling their products).

2) They should have read the rules and adhered to them by informing the other team and ref and league officials before starting the game that they were fielding an ineligible player (begun negotiations as soon as they started selling, if not before) rather than waiting for the other players (Motorola, etc) to challenge them over breaking the rules after the game.

3) Motorola complain to the league officials (the German court) which then says that Microsoft should have it's ineligible player excluded from the league for a short while so that they have time to re-read the rules again.

4) Microsoft then went to the sports governing body complaining that the the league rules are too strict.

The followup to this should, in my mind, be:

5) Microsoft lose all their points from any games played with the ineligible player (lose any negotiating of the initial offer) and have their ineligible player excluded from the league until he is made eligible by paying a fine (damages set at the initial offer). Pay a further fine because Microsoft were aware that they were fielding an ineligible player (triple damages for willful infringement). Suffer a further fine for wasting the governing body's time.

Hope that makes it clear for ya.

j

[ Reply to This | Parent | # ]

#motosoft - Microsoft gave up its right to a reasonable royalty by filing the lawsuit
Authored by: rsteinmetz70112 on Wednesday, November 14 2012 @ 09:01 AM EST
Seems like an attempt to balance Microsoft's argument that Moto's offer was not
FRAND. Microsoft is saying Moto's conduct was improper, Moto is pointing out
Microsoft is acting unreasonably by refusing to make a counter offer and filing
suit.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

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