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

Cookies Settings

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

As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Gift this article