Google vs Microsoft: Patent Suit May Hinge On Definition Of “Fairness”

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Google and Microsoft’s current patent battle came to a break last week when a judge told Google/Motorola that they couldn’t ban Microsoft products. The courtroom saga will continue in the spring of 2013 when the judge will have a final word on the exact amount of money Microsoft Corporation (NASDAQ:MSFT) will owe.

Google vs Microsoft: Patent Suit May Hinge On Definition Of "Fairness"

According to Bloomberg, Google Inc (NASDAQ:GOOG) and Microsoft Corporation (NASDAQ:MSFT) (as well as other companies) are duking it out over technology patents across the United Stated and Europe. The purpose of the litigation is for the companies to come to an agreement on terms of fairness and non-discriminatory terms. In the same article, staff writer Susan Decker reminded us, “No court has defined that concept, helping spark conflict when companies can’t agree on a fee. U.S. District Judge James Robart in Seattle may become the first.”

One patent lawyer from Oblon Spivak, James Kubalski, said “There is so much litigation going on trying to determine what a reasonable royalty is. Everyone has agreed to pay it, but no one knows what it is.” He added, “Somehow, this judge is going to have to define fair and reasonable. (It) is a key question to all patents related to standards (and will) be an important step in future license negotiations.”

Google Inc (NASDAQ:GOOG) originally bought up Motorola Mobility for $12.5 billion in order to garner access to the mobile phone industry. The FTC is now trying to look into Google, to find out whether or not they’re using the patents in an improper manner to make it harder for competition.

The litigation is really no different than the current litigation between Apple and Google. One company seeks to hinder the sales of their competitor company in hopes to monopolize the market. Oftentimes, companies end up making legal agreements that cost the infringing company more in the long run. Now that most companies are aiming to create similar mobile products and services, the competition is on.

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