"It seems that the discussion of royalty rates should
have included
whether cross licenses were involved."
Of course it should. I am
sure that when they look at
existing licenses between Motorola and it's
licensees the
judge will see that it is all about
cross-licensing.
However, the judge is on record as having said that he
will not look at cross-licensing in respect to determining
what would be an
appropriate license fee for Microsoft to
pay. This may not matter in the long
run, however, as the
judge can set a rate and leave it to Microsoft to either
pay
that rate or come to an agreement that involves
cross-licensing with
Motorola in lieu of cash. It is
entirely up to both parties if they want to do
that once the
court case is over.
Of course the real concern here is
that the judge get
that he shouldn't be too concerned about a high royalty rate
be imposed on Microsoft, knowing that Microsoft does have
the potential to
negotiate a cross-licensing deal with
Motorola. [ Reply to This | Parent | # ]
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