Thursday, July 19, 2012   After a stay of all patent
infringement claims pending between Microsoft and Google
subsidiary Motorola Mobility in the Western District of
Washington, the next milestone in that district will be the
FRAND trial scheduled to start on November 13. Late on
Wednesday, Motorola Mobility brought a motion for partial
summary judgment that seeks to narrow the scope of that trial in
its favor.  Simply put, Google doesn't want the trial to result
in a standard-essential patent license agreement on terms set by
the court because it would be game over, on a worldwide basis,
for its assertions of SEPs against Microsoft once there is a
license in place. It wants to negotiate with Microsoft on a
heads-I-win-tails-you-lose basis on which the latter still faces
the threat of injunctive relief. Google therefore proposes to
evaluate only one issue at trial: whether its subsidiary
breached its FRAND licensing obligations by demanding a 2.25%
royalty. Motorola wants to be considered a winner if it preva