After Apple, even Microsoft has filed a complaint against Motorola Mobility with the European Commission under competiton law. Motorola is currently trying to block sales of Windows PCs and Xbox consoles by using its patents related to the Wi-Fi and the H.264 video standard. Motorola is demanding a 2.25% royalty for the use of some of its FRAND patents, which is a bit too high.
While Motorola can definitely demand a royalty for the use of its patents, what it is demanding is quite high compared to what other FRAND patent owners license similar patents for.
Microsoft, Apple and Cisco recently pledged not to seek injunctions against other firms’ products for using standard essential FRAND patents. However, Google seems to have refused to do so.
Google and its partners have been at the receiving end of many a patent troll lately. One of the reasons Google acquired Motorola has been its vast patent trove. Google is unlikely to back down without a fight, but in this case, it may have gone a bit too far.
The European Commission recently also started an investigation against Samsung for abusing its FRAND patents.
Microsoft’s legal counsel, apparently with a flair for the dramatic, has jotted down a long post in which it urges Google not to kill video on the web – “Google: Please Don’t Kill Video on the Web.“