Judge rules on FRAND in Motorola-Microsoft case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Judge rules on FRAND in Motorola-Microsoft case

A US judge has issued a ruling on royalties in a dispute between Motorola and Microsoft, in the first decision on FRAND rates for standard-essential patents

On Thursday April 25, Judge James L Robart of the US District Court for the Western District of Washington ruled that Microsoft had to pay Motorola Mobility $1.8 million a year for the use of standard-essential patents relating to the H.264 video standard and the 802.11 wireless standard.

Microsoft used the technologies in its Xbox and Windows products.

Motorola had sought some $4 billion in royalties but Robart calculated that the FRAND rate for the H.264 patents should be .0555 cents per unit. The rate for the 802.11 patents should be 3.471 cents for each Xbox and 0.8 cents for other products

Patent owners and licensees in the computer and telecoms industries are engaged in numerous disputes over standard-essential patents, which have to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

This is the first case to determine how FRAND royalty rates should be calculated. Other cases pending include a dispute between Apple and Motorola in the US, and one between IPCom and Nokia in the UK.

For more analysis, see Florian Mueller’s Foss Patents blog.

more from across site and SHARED ros bottom lb

More from across our site

The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms
An Australian top court decision clarifying honest concurrent use and wins by publishers against AI platforms were also among the top talking points
AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has delayed hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Gift this article